NZ Metro TC 24 August 2010 – R 3 and R 4

ID: JCA18307

Hearing Type:
Old Hearing

Rules:
869(2)(c)

Hearing Type (Code):
harness-racing

Meet Title:
NZ Metro TC - 24 August 2010

Meet Chair:
tom

Meet Committee Member 1:
tom

Meet Committee Member 2:
tom

Race Date:
2010/08/24

Race Number:
R 3 and R 4

Decision: --

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr N. R. Escott, Chief Stipendiary Steward

Defendant: Mr B. N. Orange, Open Horseman

Information No: 68816 and 68817

Meeting: New Zealand Metropolitan Trotting Club

Date: 24 August 2010

Venue: Addington Raceway

Race No. 3: Gotta Go Cullen Handicap Pace

Race No. 4: Stonebridge Regal Mobile Pace

Rule No: 869(2)(c)

Judicial Committee: J. M. Phelan, Chairman - S. C. Ching, Committee Member

Plea: Admitted.

Charge:

Following the running of Races 3 and 4, the Gotta Go Cullen Handicap Pace and the Stonebridge Regal Mobile Pace respectively, Informations were filed by Chief Stipendiary Steward Mr N. R. Escott against Open Horseman Mr B. N. Orange alleging breaches of Rule 869(2)(c) in that he used his whip outside the sulky confines in each race.

It was agreed by the parties that these two charges would be heard together.

The charge (Information 68817) in relation to Race 3, whilst driving “Flyin Bardon” (6), reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(c) in that B. N. Orange used his whip outside the sulky confines in the run home when striking the sulky disc.”

The charge (Information 68816) in relation to Race 4, whilst driving ”V C Valentine” (2), reads as follows.

Rule 869(2)(c) reads as follows.

“(2) No horseman shall during any race:-

(c) project his whip outside the sulky or draw his whip further back than the sulky seat.”

Facts:

Mr Orange had indicated on each Information that these breaches of the Rules were admitted, and he also agreed that he understood the charges and the Rule they were brought under.

Mr Escott gave evidence and used video coverage of each race to show that in the straight Mr Orange had used his whip outside the confines of the sulky on one occasion. Each time Mr Orange was holding his whip in his right hand and had swung it across his body and struck the left side sulky wheel disk.

Mr Orange did not dispute the facts of these matters.

Decision:

As Mr Orange had admitted these breaches of the Rules they were found to be proved in accordance with Rule 1111(1)(d).

Submissions on Penalty:

In relation to penalty Mr Escott advised that Mr Orange had one previous conviction for a breach of Rules 869(2)(a) and (c) on 15 June 2010 when he was fined the sum of $200-00. As Mr Orange had admitted the breaches Mr Escott submitted that a fine of $250-00 on each charge would be appropriate.

Mr Orange said that the reason he used his whip in this way was that neither horse was partial to being hit with the whip, and he wanted to make a noise. He also said there was no danger to any other horse or horseman.

Mr Orange also said that he thought the fines recommended were “a bit steep”.

We adjourned to consider the matter of an appropriate penalty.

Reasons:

In considering the matter of an appropriate penalty we took into account the following matters.

To Mr Orange’s credit –

He admitted both breaches of the Rules.

The fine of $200-00 imposed on 15 June 2010 was for breaches of Rule 869(2)(a) (improper use) and Rule 869(2)(c) (use outside the sulky confines). There was also an aggravating factor in that case in that the wheel disc shattered, which could have caused danger to other drivers or horses.

There was only one strike with the whip on each occasion, and no other driver or horse was in any danger.

An aggravating factor is that these convictions are the second and third in a little over two months.

Taking all the above matters into account we were satisfied that a fine of $200-00 was appropriate in each case.

On resuming the hearing we advised that a full written decision would be given later, and we gave the following oral decision.

“Having seen the video coverage, and having heard the evidence, we are satisfied that Mr Orange used his whip outside the sulky confines once each in races 3 and 4. Mr Orange admitted these breaches, and he also admitted that he had a previous conviction in June 2010 for a similar breach.

In relation to penalty Mr Escott recommended a fine of $250-00 on each charge. Mr Orange said that he believed the fines suggested were excessive.

We take into account Mr Orange’s admissions of the breaches, secondly that on each occasion there was only one strike with the whip, and thirdly that no other horses were affected.

We find that an appropriate penalty in this case, on each charge, is a fine of $200-00.

Plus Mr Orange is warned that continued use of his whip in this way in the future will very likely result in much heavier penalties.”

Penalty:

Mr Orange was fined $200-00 on each charge, this being a total of $400-00.

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: 00d1d333e17a25f117b7f8c796755c33

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 24/08/2010

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: NZ Metro TC 24 August 2010 - R 3 and R 4

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision: