NZ Metro TC 21 April 2017 – R 8 – Chair, Mr R McKenzie
ID: JCA16035
Meet Title:
NZ Metro TC - 21 April 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2017/04/21
Race Number:
R8
Decision:
Miss Lester having admitted the breach, the charge was found proved.
Penalty:
Miss Lester was fined the sum of $300.
Facts:
Following the running of Race 8, Peek Exhibition (Junior Drivers) Trot, an Information was filed by Stipendiary Steward, Mr ST Mulcay, against Licensed Junior Driver, Miss LE Lester, alleging that, as the driver of CHIVASION in the race, she used her whip excessively over the final 400 metres.
Miss Lester was present at the hearing of the information and she indicated that she admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Mulcay showed to the hearing a video replay of the final 400 metres of the race. He had Stipendiary Steward, Mr SW Wallis, point out Miss Lester, driving CHIVASION, in midfield and widest on the track as the field entered the final straight. From that point, Mr Mulcay alleged, Miss Lester used her whip in her right hand, free of the rein, on 15 or 16 occasions although, Mr Mulcay said, she did “mix it up”.
Miss Lester accepted that she had used the whip on the number of occasions alleged by Mr Mulcay.
The Committee noted that CHIVASION went on to win the race by a head.
Miss Lester declined the opportunity to make any submission in relation to the offence.
Submissions for Penalty:
Mr Mulcay informed the Committee that this was Miss Lester’s first breach for excessive use of the whip. In addition, she had admitted the breach and these were mitigating factors, Mr Mulcay submitted.
He referred to the Penalty Guide starting point of a $500 fine. Having regard to the mitigating factors referred to, Stewards were submitting that a fine of $300 was appropriate, Mr Mulcay said.
Reasons for Penalty:
In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. There were no aggravating factors. The breach, in the Committee’s view, was no worse than mid-range range. Mitigating factors were Miss Lester’s admission of the breach and her good driving record. The Committee was satisfied that a combination of those two factors warranted a discount in the sum of $200.
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: b129a5140c75a4cd633e891ab03ec494
informantnumber: A9012
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 27/04/2017
hearing_title: NZ Metro TC 21 April 2017 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, Peek Exhibition (Junior Drivers) Trot, an Information was filed by Stipendiary Steward, Mr ST Mulcay, against Licensed Junior Driver, Miss LE Lester, alleging that, as the driver of CHIVASION in the race, she used her whip excessively over the final 400 metres.
Miss Lester was present at the hearing of the information and she indicated that she admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Mulcay showed to the hearing a video replay of the final 400 metres of the race. He had Stipendiary Steward, Mr SW Wallis, point out Miss Lester, driving CHIVASION, in midfield and widest on the track as the field entered the final straight. From that point, Mr Mulcay alleged, Miss Lester used her whip in her right hand, free of the rein, on 15 or 16 occasions although, Mr Mulcay said, she did “mix it up”.
Miss Lester accepted that she had used the whip on the number of occasions alleged by Mr Mulcay.
The Committee noted that CHIVASION went on to win the race by a head.
Miss Lester declined the opportunity to make any submission in relation to the offence.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Lester having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Mulcay informed the Committee that this was Miss Lester’s first breach for excessive use of the whip. In addition, she had admitted the breach and these were mitigating factors, Mr Mulcay submitted.
He referred to the Penalty Guide starting point of a $500 fine. Having regard to the mitigating factors referred to, Stewards were submitting that a fine of $300 was appropriate, Mr Mulcay said.
reasonsforpenalty:
In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. There were no aggravating factors. The breach, in the Committee’s view, was no worse than mid-range range. Mitigating factors were Miss Lester’s admission of the breach and her good driving record. The Committee was satisfied that a combination of those two factors warranted a discount in the sum of $200.
penalty:
Miss Lester was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr ST Mulcay - Stipendiary Steward
JockeysandTrainer: Miss LA Lester - Licensed Junior Driver
Otherperson: Mr S Wallis - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a7fdf0254090a6ed9d77a3d82ce03699
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4acde9b17fe21c131b9a1d48c6c3cc0a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/04/2017
meet_title: NZ Metro TC - 21 April 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: NZ Metro TC