NZ Metro TC 24 January 2020 – R 8 – Chair, Mr R McKenzie
ID: JCA14205
Meet Title:
NZ Metro TC - 24 January 2020
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2020/01/24
Race Number:
R8
Decision:
Mr McNally having admitted the charge, the charge is found proved.
Penalty:
Mr McNally is fined the sum of $300.
Facts:
Following the running of Race 8, NZ Bloodstock Yearling Sales 17-19 February Mobile Pace, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mr S R McNally, alleging that Mr McNally, as the driver of SHINDAL in the race, “used his whip on more occasions than permitted by Clause (b) the Use of the Whip Regulations ”.
Mr McNally had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He confirmed this at the hearing, at which he was present.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Williams had Mr S P Renault, Stipendiary Steward, point out SHINDAL, driven by Mr McNally, racing four places back on the markers as the field raced past the 400 metres. He alleged that, from that point, Mr McNally had used his whip in a striking motion 16 times to the finishing line. The strikes were quite rapid, but they were not particularly forceful, Mr Williams submitted.
Mr McNally stated that he accepted that the count was in the vicinity of 16 as alleged but a couple in the middle were perhaps more “pushes” rather than strikes, he submitted. He had said to the Stewards that he may as well have just used the reins, he said.
The Committee noted that SHINDAL had finished unplaced.
Submissions for Penalty:
Mr Williams told the Committee that Mr McNally has a clear record under the rule. He has had 78 drives this season and, in the 2019/2020 season, had a total of 252 drives. He referred to the sliding scale of penalties under the Use of the Whip Regulations. The prescribed penalty for a breach involving a number of strikes in the range of 14-16 strikes is $300 and he submitted that that was the appropriate penalty in this instance, the number of proven strikes being 16.
Mr McNally suggested that perhaps the Committee could extend some leniency having regard to the nature and the force of the strikes.
Reasons for Penalty:
The Committee being satisfied that Mr McNally had used his whip 16 times in breach of the rule and the regulations, the penalty prescribed under the regulations is a fine of $300. There are no aggravating or mitigating factors to warrant a departure from the prescribed fine of $300. However, we record that, although the number of strikes was in the mid-range, those strikes were by no means forceful and this was not a serious breach of the rule and regulations.
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: a728f87c0bf9e8bec982e4ccb55a65bd
informantnumber: A13159
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 27/01/2020
hearing_title: NZ Metro TC 24 January 2020 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, NZ Bloodstock Yearling Sales 17-19 February Mobile Pace, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mr S R McNally, alleging that Mr McNally, as the driver of SHINDAL in the race, “used his whip on more occasions than permitted by Clause (b) the Use of the Whip Regulations ”.
Mr McNally had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He confirmed this at the hearing, at which he was present.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Williams had Mr S P Renault, Stipendiary Steward, point out SHINDAL, driven by Mr McNally, racing four places back on the markers as the field raced past the 400 metres. He alleged that, from that point, Mr McNally had used his whip in a striking motion 16 times to the finishing line. The strikes were quite rapid, but they were not particularly forceful, Mr Williams submitted.
Mr McNally stated that he accepted that the count was in the vicinity of 16 as alleged but a couple in the middle were perhaps more “pushes” rather than strikes, he submitted. He had said to the Stewards that he may as well have just used the reins, he said.
The Committee noted that SHINDAL had finished unplaced.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr McNally having admitted the charge, the charge is found proved.
sumissionsforpenalty:
Mr Williams told the Committee that Mr McNally has a clear record under the rule. He has had 78 drives this season and, in the 2019/2020 season, had a total of 252 drives. He referred to the sliding scale of penalties under the Use of the Whip Regulations. The prescribed penalty for a breach involving a number of strikes in the range of 14-16 strikes is $300 and he submitted that that was the appropriate penalty in this instance, the number of proven strikes being 16.
Mr McNally suggested that perhaps the Committee could extend some leniency having regard to the nature and the force of the strikes.
reasonsforpenalty:
The Committee being satisfied that Mr McNally had used his whip 16 times in breach of the rule and the regulations, the penalty prescribed under the regulations is a fine of $300. There are no aggravating or mitigating factors to warrant a departure from the prescribed fine of $300. However, we record that, although the number of strikes was in the mid-range, those strikes were by no means forceful and this was not a serious breach of the rule and regulations.
penalty:
Mr McNally is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(b)
Informant: P Williams, Stipendiary Steward
JockeysandTrainer: S R McNally, Licensed Open Driver
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: d00333c5b997e4d5b6571a09932bde16
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 02c39406b981e2737e85d531f76dec05
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/01/2020
meet_title: NZ Metro TC - 24 January 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC