NZ Metro TC 22 May 2015 – R 2
ID: JCA11615
Meet Title:
NZ Metro TC - 22 May 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/05/22
Race Number:
R2
Decision:
Mr James having admitted the charge, the charge was found proved.
Penalty:
Mr James' Open Horseman’s licence was suspended from after the close of racing on 22 May 2015 up to and including Sunday, 7 June 2015 – 3 days.
Facts:
Following the running of Race 2, IRT Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr K M James, alleging that Mr James, as the driver of DIANA HARBOUR in the race, “in the run home used his whip in a manner which Stewards deem excessive”.
Mr James was present at the hearing of the information and he indicated that he admitted the charge.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Ydgren referred to video replays and pointed out Mr James, driving DIANA HARBOUR, in the 3-wide line following NATIVE BRITE GEM (R D Close). Mr Ydgren said that the Stewards were alleging that, from that point, Mr James used his whip approximately 21 times to the finishing line.
Mr Ydgren confirmed, in response to a question from the Committee, that all of the strikes were on the sulky shaft. This was nevertheless in breach of the Guidelines, he said. The horse finished in 5th placing.
Mr James said that he was aware of the Rule and Guidelines and there was little he could say. He confirmed that not one strike was on the horse. He accepted that he had used the whip on 21 occasions, as alleged by Mr Ydgren.
Submissions for Penalty:
Mr Ydgren said that Mr James has had 21 drives to date in the current season and had 12 and 19 in the 2013/2014 and 2012/2013 seasons respectively. He has a clear record under the Rule. Mr James was entitled to some credit for his early admission of the breach.
He referred to the Penalty Guide which recommended a starting point of a $500 fine or as 2 days’ suspension. He understood that Mr James’ preference was for a suspension rather than a fine. He said that, on that basis, the Stewards submitted that an appropriate penalty was a term of suspension for 2 days.
Mr James said that he would be intending to race the horse at Ashburton on 31 May and at the 2-day Nelson meeting on 5 and 7 June. It was the only horse that he has currently racing.
Mr Ydgren accepted that the breach was low-end having regard to the number of strikes and the fact that the strikes were all on the sulky. Mr James had breached the Rule by not breaking up his use of the whip, Mr Ydgren said.
Reasons for Penalty:
In determining penalty, the Committee noted that the Penalty Guide provides a starting point of a fine of $500 or a 2 days’ suspension. There were a number of mitigating factors – Mr James’ admission of the breach, his clear record under the Rule and the low-end nature of the breach as referred to above. The Committee had regard to Mr James’ submission that he would prefer a suspension rather than a fine. It considered that a 3-days’ suspension was an appropriate term.
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: 2dd038a5ab90de176b3014ebf3788f0e
informantnumber: A1476
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 27/05/2015
hearing_title: NZ Metro TC 22 May 2015 - R 2
charge:
facts:
Following the running of Race 2, IRT Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr K M James, alleging that Mr James, as the driver of DIANA HARBOUR in the race, “in the run home used his whip in a manner which Stewards deem excessive”.
Mr James was present at the hearing of the information and he indicated that he admitted the charge.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Ydgren referred to video replays and pointed out Mr James, driving DIANA HARBOUR, in the 3-wide line following NATIVE BRITE GEM (R D Close). Mr Ydgren said that the Stewards were alleging that, from that point, Mr James used his whip approximately 21 times to the finishing line.
Mr Ydgren confirmed, in response to a question from the Committee, that all of the strikes were on the sulky shaft. This was nevertheless in breach of the Guidelines, he said. The horse finished in 5th placing.
Mr James said that he was aware of the Rule and Guidelines and there was little he could say. He confirmed that not one strike was on the horse. He accepted that he had used the whip on 21 occasions, as alleged by Mr Ydgren.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr James having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren said that Mr James has had 21 drives to date in the current season and had 12 and 19 in the 2013/2014 and 2012/2013 seasons respectively. He has a clear record under the Rule. Mr James was entitled to some credit for his early admission of the breach.
He referred to the Penalty Guide which recommended a starting point of a $500 fine or as 2 days’ suspension. He understood that Mr James’ preference was for a suspension rather than a fine. He said that, on that basis, the Stewards submitted that an appropriate penalty was a term of suspension for 2 days.
Mr James said that he would be intending to race the horse at Ashburton on 31 May and at the 2-day Nelson meeting on 5 and 7 June. It was the only horse that he has currently racing.
Mr Ydgren accepted that the breach was low-end having regard to the number of strikes and the fact that the strikes were all on the sulky. Mr James had breached the Rule by not breaking up his use of the whip, Mr Ydgren said.
reasonsforpenalty:
In determining penalty, the Committee noted that the Penalty Guide provides a starting point of a fine of $500 or a 2 days’ suspension. There were a number of mitigating factors – Mr James’ admission of the breach, his clear record under the Rule and the low-end nature of the breach as referred to above. The Committee had regard to Mr James’ submission that he would prefer a suspension rather than a fine. It considered that a 3-days’ suspension was an appropriate term.
penalty:
Mr James' Open Horseman’s licence was suspended from after the close of racing on 22 May 2015 up to and including Sunday, 7 June 2015 – 3 days.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: Mr K M James - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2c64a458d646c7d046cf250de14eb237
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 25438a716ee5ca357f355fe8a36134c3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/05/2015
meet_title: NZ Metro TC - 22 May 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC