Archive Decision

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NZ Metro TC 23 May 2013 – R 2

ID: JCA14163

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
R J Burnett, Licensed Advanced Amateur Driver

Information Number:
A1981

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
NZ Metro TC - 23 May 2013

Meet Chair:
RMcKenzie

Meet Committee Member 1:
KHales

Race Date:
2013/05/23

Race Number:
R2

Decision:

Mr Burnett having admitted the charge, the charge was found proved. 

Penalty:

Mr Burnett was fined the sum of $200.

Charge:

Excessive use of the whip. 

Facts:

Following the running of Race 2, Bishopdale & Bush Inn TAB’s NZ Amateur Drivers Championship (Heat 1) Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Amateur Driver, Mr R J Burnett, alleging that he “used his whip in a manner which Stewards deem was excessive when driving ARTYS ON FIRE”.

Mr Burnett had signed the Statement by the Respondent at the foot of the information form indicating that he admitted the breach. Mr Renault informed the Committee that Mr Burnett had indicated that he did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(2) No horseman shall during any race:-
    (a) use his whip in an unnecessary, excessive or improper manner.

Submissions for Decision:

Mr Renault showed a video replay of the final 400 metres of the race. He pointed out ARTYS ON FIRE, driven by Mr Burnett, racing in a 3-wide position outside the leaders approaching the home straight. Mr Burnett initially used his whip while holding the reins in his hands. He then commenced using his whip and did so on approximately 20-21 occasions, and continuously in the final 200 metres.

Mr Burnett had asked Mr Renault to put to the Committee that he had not used the whip with any great force and had been told by the horse’s trainer that the horse need to be kept up to its work. However, Mr Burnett accepted that he had clearly breached the Rule.

It was not the worst case, Mr Renault submitted, but it was “too much”.

The Committee noted that ARTYS ON FIRE finished in 6th placing.

Submissions for Penalty:

Mr Renault informed the Committee that Mr Burnett’s record was clear as far as breaches of the whip Rule were concerned. He submitted that an appropriate penalty was a fine of $200. 

Reasons for Penalty:

In determining penalty, the Committee had regard to Mr Burnett’s admission of the breach and his previous good record under the Rule. While the strikes were continuous, they were not made with any great force and the number of 20-21 was at the lower end of the scale. 

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: a1776800420326dc64714aa7061930ad


informantnumber: A1981


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 26/05/2013


hearing_title: NZ Metro TC 23 May 2013 - R 2


charge:

Excessive use of the whip. 


facts:

Following the running of Race 2, Bishopdale & Bush Inn TAB’s NZ Amateur Drivers Championship (Heat 1) Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Amateur Driver, Mr R J Burnett, alleging that he “used his whip in a manner which Stewards deem was excessive when driving ARTYS ON FIRE”.

Mr Burnett had signed the Statement by the Respondent at the foot of the information form indicating that he admitted the breach. Mr Renault informed the Committee that Mr Burnett had indicated that he did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(2) No horseman shall during any race:-
    (a) use his whip in an unnecessary, excessive or improper manner.


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault showed a video replay of the final 400 metres of the race. He pointed out ARTYS ON FIRE, driven by Mr Burnett, racing in a 3-wide position outside the leaders approaching the home straight. Mr Burnett initially used his whip while holding the reins in his hands. He then commenced using his whip and did so on approximately 20-21 occasions, and continuously in the final 200 metres.

Mr Burnett had asked Mr Renault to put to the Committee that he had not used the whip with any great force and had been told by the horse’s trainer that the horse need to be kept up to its work. However, Mr Burnett accepted that he had clearly breached the Rule.

It was not the worst case, Mr Renault submitted, but it was “too much”.

The Committee noted that ARTYS ON FIRE finished in 6th placing.


reasonsfordecision:


Decision:

Mr Burnett having admitted the charge, the charge was found proved. 


sumissionsforpenalty:

Mr Renault informed the Committee that Mr Burnett’s record was clear as far as breaches of the whip Rule were concerned. He submitted that an appropriate penalty was a fine of $200. 


reasonsforpenalty:

In determining penalty, the Committee had regard to Mr Burnett’s admission of the breach and his previous good record under the Rule. While the strikes were continuous, they were not made with any great force and the number of 20-21 was at the lower end of the scale. 


penalty:

Mr Burnett was fined the sum of $200.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: S P Renault, Stipendiary Steward


JockeysandTrainer: R J Burnett, Licensed Advanced Amateur Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 2551cb4ae8703df6116bc56843f61431


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: 68765a5655283fabf21022404e588b38


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/05/2013


meet_title: NZ Metro TC - 23 May 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: KHales


meet_pm2: none


name: NZ Metro TC