NZ Metro TC 2 August 2020 – R 1 – Chair, Mr D Anderson
ID: JCA15283
Meet Title:
NZ Metro TC - 2 August 2020
Meet Chair:
DAnderson
Race Date:
2020/08/02
Race Number:
R 1
Decision:
As Mr Fitzgerald admitted the breach the charge was found proved.
Penalty:
Accordingly, Mr Fitzgerald is fined $200.
Facts:
Following the running of race 1 an information was filed by Stipendiary Steward, Mr P Williams, against Amateur Driver, Mr A Fitzgerald, alleging that as the driver of JENABELLA in the race, “used his whip on more occasions than permitted by clause (b) of the whip regulations”.
Mr Fitzgerald had signed the Information admitting the breach and stated he was conversant with the whip regulations.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Williams used the race video to identify Mr Fitzgerald driving (12) JENABELLA, racing in 6th place and 4 wide at approximately the 400 metres. He pointed to Mr Fitzgerald use his whip on 11 occasions from the 400 metres to the finishing post.
Mr Fitzgerald stated he didn’t agree with the rule but agreed with the alleged number of strikes.
Submissions for Penalty:
Mr Williams said Mr Fitzgerald had a clear record under the rule and saw no reason to depart from the penalty guidelines in this case.
Mr Fitzgerald had no submissions to make on penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a fine of $200 for a breach of the rule involving 11 to 13 strikes mitigation inclusive.
There are no aggravating factors to consider.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 7ee46049bc11005e08e35cebf1f58b39
informantnumber: A13274
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 04/08/2020
hearing_title: NZ Metro TC 2 August 2020 - R 1 - Chair, Mr D Anderson
charge:
facts:
Following the running of race 1 an information was filed by Stipendiary Steward, Mr P Williams, against Amateur Driver, Mr A Fitzgerald, alleging that as the driver of JENABELLA in the race, “used his whip on more occasions than permitted by clause (b) of the whip regulations”.
Mr Fitzgerald had signed the Information admitting the breach and stated he was conversant with the whip regulations.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Williams used the race video to identify Mr Fitzgerald driving (12) JENABELLA, racing in 6th place and 4 wide at approximately the 400 metres. He pointed to Mr Fitzgerald use his whip on 11 occasions from the 400 metres to the finishing post.
Mr Fitzgerald stated he didn’t agree with the rule but agreed with the alleged number of strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Fitzgerald admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Williams said Mr Fitzgerald had a clear record under the rule and saw no reason to depart from the penalty guidelines in this case.
Mr Fitzgerald had no submissions to make on penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a fine of $200 for a breach of the rule involving 11 to 13 strikes mitigation inclusive.
There are no aggravating factors to consider.
penalty:
Accordingly, Mr Fitzgerald is fined $200.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer: Mr A Fitzgerald - Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3b79de5c5a7b45991402df33ad2b7fc0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 411e2a9a59e96fa552eccbf831dbb5d1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/08/2020
meet_title: NZ Metro TC - 2 August 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: none
meet_pm2: none
name: NZ Metro TC