Archive Decision

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NZ Metro TC – 25 May 2012 – R 10

ID: JCA12160

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
J W Smith, Licensed Open Horseman

Information Number:
A5552

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
NZ Metro TC - 25 May 2012

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2012/05/25

Race Number:
R10

Decision:

The charge was found proved. 

Penalty:

Mr Smith was fined the sum of $200. 

Charge:

Excessive use of the whip. 

Facts:

Following the running of Race 10, Tandem Smash Repairs Handicap Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr J W Smith, alleging that Mr Smith, as the driver of LOOKSLIKEATROOPER in the race, used his whip in an excessive manner over the concluding stages.

Mr Smith was present at the hearing of the information and he indicated that he admitted the breach.

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 pointed out, on a video replay of the final 200-300 metres of the race, Mr Smith driving LOOKSLIKEATROOPER racing in 3rd position nearing the 200 metres. He alleged that Mr Smith had used his whip on 16 occasions in the run home. He said that, after the first two, there was a brief pause but, thereafter, there were 14 continuous strikes with no discernible pauses or alternative actions. These 14 strikes were, clearly, outside the guidelines, Mr Renault submitted. Mr Renault read the relevant part of the guidelines to the hearing.

Mr Smith acknowledged that he was aware of the provisions of the guidelines but he said that he was trying to win the race, which he was close to doing. He referred to the narrow margin between 1st and 2nd. The horse was racing in pull down blinds for the first time which enabled him to accelerate briefly but he could not see the horses beside him, he said. He had picked up the bit right near the finish when the winner, THEYCALLMESAM, got up beside him. Mr Smith said that, prior to that, he felt that the horse was not giving his best.

The Committee noted that LOOKSLIKEATROOPER had finished in 2nd placing, beaten by a head.

Submissions for Penalty:

Mr Renault informed the Committee that Mr Smith has had 694 lifetime drives. In the current season, he has had 18 drives and, in the 2010/2011 season had 19 drives. He drives horses that he trains himself. He has a clear record as far as breaches of the Rule are concerned.

Mr Renault submitted that a fine of between $200 and $250 should be imposed.

Mr Smith’s only submission was to repeat that he was doing his best to win the race. 

Reasons for Penalty:

In determining penalty, the Committee took into account Mr Smith’s frank admission of the breach and his clear record. The Committee agreed with Mr Renault that Mr Smith’s actions had been outside the guidelines and, in particular, that over the concluding stages his using the whip some 14 times with some force and with no discernible pauses or use of acceptable alternative actions was excessive. Of course, Mr Smith’s explanation for his actions does not amount to justification.  

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: 398d2dcf741e0b10955b7856ff968cd5


informantnumber: A5552


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/05/2012


hearing_title: NZ Metro TC - 25 May 2012 - R 10


charge:

Excessive use of the whip. 


facts:

Following the running of Race 10, Tandem Smash Repairs Handicap Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr J W Smith, alleging that Mr Smith, as the driver of LOOKSLIKEATROOPER in the race, used his whip in an excessive manner over the concluding stages.

Mr Smith was present at the hearing of the information and he indicated that he admitted the breach.

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 pointed out, on a video replay of the final 200-300 metres of the race, Mr Smith driving LOOKSLIKEATROOPER racing in 3rd position nearing the 200 metres. He alleged that Mr Smith had used his whip on 16 occasions in the run home. He said that, after the first two, there was a brief pause but, thereafter, there were 14 continuous strikes with no discernible pauses or alternative actions. These 14 strikes were, clearly, outside the guidelines, Mr Renault submitted. Mr Renault read the relevant part of the guidelines to the hearing.

Mr Smith acknowledged that he was aware of the provisions of the guidelines but he said that he was trying to win the race, which he was close to doing. He referred to the narrow margin between 1st and 2nd. The horse was racing in pull down blinds for the first time which enabled him to accelerate briefly but he could not see the horses beside him, he said. He had picked up the bit right near the finish when the winner, THEYCALLMESAM, got up beside him. Mr Smith said that, prior to that, he felt that the horse was not giving his best.

The Committee noted that LOOKSLIKEATROOPER had finished in 2nd placing, beaten by a head.


reasonsfordecision:


Decision:

The charge was found proved. 


sumissionsforpenalty:

Mr Renault informed the Committee that Mr Smith has had 694 lifetime drives. In the current season, he has had 18 drives and, in the 2010/2011 season had 19 drives. He drives horses that he trains himself. He has a clear record as far as breaches of the Rule are concerned.

Mr Renault submitted that a fine of between $200 and $250 should be imposed.

Mr Smith’s only submission was to repeat that he was doing his best to win the race. 


reasonsforpenalty:

In determining penalty, the Committee took into account Mr Smith’s frank admission of the breach and his clear record. The Committee agreed with Mr Renault that Mr Smith’s actions had been outside the guidelines and, in particular, that over the concluding stages his using the whip some 14 times with some force and with no discernible pauses or use of acceptable alternative actions was excessive. Of course, Mr Smith’s explanation for his actions does not amount to justification.  


penalty:

Mr Smith was fined the sum of $200. 


hearing_type: Hearing


Rules: 869(2)(a)


Informant: S P Renault, Stipendiary Steward


JockeysandTrainer: J W Smith, Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 376e4788a13dbd055cebbd539cbdf8a7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9edc3cd1a767ea396a3ef0c9045d1a51


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/05/2012


meet_title: NZ Metro TC - 25 May 2012


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