NZ Metro TC 23 March 2012 – R 7 (heard on 25 March 2012 at Methven)
ID: JCA22461
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 23 March 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2012/03/23
Race Number:
R 7
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr NG McIntyre - Stipendiary Steward
Defendant: Mr PC Nairn – Open Horseman
Information No: A5085
Meeting: New Zealand Metropolitan Trotting Club
Date: 23 March 2012 (heard on 25 March 2012 at Methven)
Venue: Addington Raceway, Christchurch
Race: 7
Rule No: 869 (2) (a)
Judicial Committee: JM Phelan, Chairman RG McKenzie, Committee Member
Plea: Admitted
Charge:
Alleged excessive use of the whip.
Evidence:
This matter was heard at the Methven Trotting Club’s race meeting at Methven on 25 March 2012.
Following the running of Race 7, the Hamptons ITM Handicap Trot, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr P. C. Nairn alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) P. C. Nairn (Musgrove) used his whip excessively in the run home.”
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 Nairn had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Nairn also agreed that he understood the charge and the Rule it was brought under.
Submissions For Decision:
Mr McIntyre gave evidence and used video coverage to show that Mr Nairn had used his whip on about 26 occasions in the run home. The last 21 strikes with the whip were in the final 100 metres of the race, and were in quick fire fashion with no pauses.
Mr Nairn explained that there was no force in the strikes, and that the last 21 were wrist action only. Mr Nairn accepted that his use of the whip was in breach of the Rule.
Decision:
As Mr Nairn had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).
Submission For Penalty:
In relation to penalty Mr McIntyre advised that Mr Nairn had previously breached this Rule almost a year ago, and submitted that this should not be taken in to account. Mr McIntyre assessed this breach as being at the lower end of the scale, and as it was admitted, submitted that a fine of $200-00 should be imposed.
Mr Nairn had no relevant submissions to make with regard to penalty.
Reasons For Penalty:
We took into account Mr Nairn’s good record, and also took into account his admission of the breach. After hearing the submissions on penalty we were satisfied that a fine of $200-00 was a fair penalty in the circumstances.
Penalty:
Mr Nairn was fined the sum of $200-00.
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: d353546de1c98016977010d87cf7a15d
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 23/03/2012
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC 23 March 2012 - R 7 (heard on 25 March 2012 at Methven)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr NG McIntyre - Stipendiary Steward
Defendant: Mr PC Nairn – Open Horseman
Information No: A5085
Meeting: New Zealand Metropolitan Trotting Club
Date: 23 March 2012 (heard on 25 March 2012 at Methven)
Venue: Addington Raceway, Christchurch
Race: 7
Rule No: 869 (2) (a)
Judicial Committee: JM Phelan, Chairman RG McKenzie, Committee Member
Plea: Admitted
Charge:
Alleged excessive use of the whip.
Evidence:
This matter was heard at the Methven Trotting Club’s race meeting at Methven on 25 March 2012.
Following the running of Race 7, the Hamptons ITM Handicap Trot, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr P. C. Nairn alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) P. C. Nairn (Musgrove) used his whip excessively in the run home.”
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 Nairn had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Nairn also agreed that he understood the charge and the Rule it was brought under.
Submissions For Decision:
Mr McIntyre gave evidence and used video coverage to show that Mr Nairn had used his whip on about 26 occasions in the run home. The last 21 strikes with the whip were in the final 100 metres of the race, and were in quick fire fashion with no pauses.
Mr Nairn explained that there was no force in the strikes, and that the last 21 were wrist action only. Mr Nairn accepted that his use of the whip was in breach of the Rule.
Decision:
As Mr Nairn had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).
Submission For Penalty:
In relation to penalty Mr McIntyre advised that Mr Nairn had previously breached this Rule almost a year ago, and submitted that this should not be taken in to account. Mr McIntyre assessed this breach as being at the lower end of the scale, and as it was admitted, submitted that a fine of $200-00 should be imposed.
Mr Nairn had no relevant submissions to make with regard to penalty.
Reasons For Penalty:
We took into account Mr Nairn’s good record, and also took into account his admission of the breach. After hearing the submissions on penalty we were satisfied that a fine of $200-00 was a fair penalty in the circumstances.
Penalty:
Mr Nairn was fined the sum of $200-00.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2)9a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a33902cdb94fb9d6306eaf599b996e0e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2dd3095ede323723974eb05c51731291
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/03/2012
meet_title: NZ Metro TC - 23 March 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC