NZ Metro TC 22 July 2011 – R 5
ID: JCA11407
Meet Title:
NZ Metro TC - 22 July 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2011/07/22
Race Number:
R5
Decision:
The charge was found to be proved.
Penalty:
Mr Hutton was fined the sum of $200-00.
Charge:
Alleged unnecessary use of the whip.
Facts:
Following the running of Race 5, The French Bakery Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr B. C. Hutton alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2)(a) in that you used your whip in an excessive manner in the run home when driving Nevermind Franco.
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Mr Hutton had indicated on the Information that this breach of the Rules was not admitted, and he confirmed this at the hearing. Mr Hutton also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage to show that Mr Hutton had used his whip in excess of 20 occasions in the run home. At about the 160 metre mark he had used his whip on 12 occasions in quick succession with no pauses. There was then a short break before Mr Hutton again used his whip on about 9 occasions. It was Mr Ydgren’s submission that Mr Hutton’s whip use was clearly “too much”.
Mr Hutton said that when he started to use his whip he had a good chance of running second or third, and that he had not been “vicious” or “brutal”. Mr Hutton agreed that his first 12 strikes with the whip had been “quickfire” with no pauses, and he also agreed that he was aware of the “Use of Whip” guidelines.
We adjourned to consider our decision.
Reasons for Decision:
We were satisfied that Mr Hutton’s use of his whip on this occasion was clearly in breach of the “Use of Whip” guidelines, and “too much’. We were satisfied that the charge had been proved.
On resuming the hearing we advised the parties of our decision and the reasons for it.
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that Mr Hutton had no relevant previous convictions, and has had 18 race-day drives this season. Mr Ydgren submitted that a fine of $200-00 should be imposed in this case.
Mr Hutton said that he had never been charged with a breach of this Rule before, and that it should also be taken into account that his use of the whip had not been brutal or vicious.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
We took into account Mr Hutton’s good record, and we also looked at the Penalty Guide and previous penalties imposed in previous similar breaches. Taking into account all these matters we decided that a fine of $200-00 should be imposed in this case.
JCA Decision Fields (raw)
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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: 26a6657a83eb4fd6e7f166612f3d00c3
informantnumber: 69542
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 21/07/2011
hearing_title: NZ Metro TC 22 July 2011 - R 5
charge:
Alleged unnecessary use of the whip.
facts:
Following the running of Race 5, The French Bakery Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr B. C. Hutton alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2)(a) in that you used your whip in an excessive manner in the run home when driving Nevermind Franco.
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Mr Hutton had indicated on the Information that this breach of the Rules was not admitted, and he confirmed this at the hearing. Mr Hutton also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage to show that Mr Hutton had used his whip in excess of 20 occasions in the run home. At about the 160 metre mark he had used his whip on 12 occasions in quick succession with no pauses. There was then a short break before Mr Hutton again used his whip on about 9 occasions. It was Mr Ydgren’s submission that Mr Hutton’s whip use was clearly “too much”.
Mr Hutton said that when he started to use his whip he had a good chance of running second or third, and that he had not been “vicious” or “brutal”. Mr Hutton agreed that his first 12 strikes with the whip had been “quickfire” with no pauses, and he also agreed that he was aware of the “Use of Whip” guidelines.
We adjourned to consider our decision.
reasonsfordecision:
We were satisfied that Mr Hutton’s use of his whip on this occasion was clearly in breach of the “Use of Whip” guidelines, and “too much’. We were satisfied that the charge had been proved.
On resuming the hearing we advised the parties of our decision and the reasons for it.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Ydgren advised that Mr Hutton had no relevant previous convictions, and has had 18 race-day drives this season. Mr Ydgren submitted that a fine of $200-00 should be imposed in this case.
Mr Hutton said that he had never been charged with a breach of this Rule before, and that it should also be taken into account that his use of the whip had not been brutal or vicious.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
We took into account Mr Hutton’s good record, and we also looked at the Penalty Guide and previous penalties imposed in previous similar breaches. Taking into account all these matters we decided that a fine of $200-00 should be imposed in this case.
penalty:
Mr Hutton was fined the sum of $200-00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N. M. Ydgren - Stipendiary Steward
JockeysandTrainer: Mr B.C. Hutton - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 41fb741a8268e52dfe7e397765ebfed9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 655c6a2fb85c222bde174d7532c26452
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/07/2011
meet_title: NZ Metro TC - 22 July 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC