NZ Metro TC 25 September 2020 – R 9 – Chair, Mr R McKenzie
ID: JCA10757
Meet Title:
NZ Metro TC - 25 September 2020
Meet Chair:
RMcKenzie
Race Date:
2020/09/25
Race Number:
R9
Decision:
Mr Dunn having admitted the charge, the charge is found proved.
Penalty:
Mr Dunn is fined the sum of $200.
Facts:
Following the running of Race 9, Clarkson Signs – In House Graphic Design Handicap Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr J R Dunn, alleging that Mr Dunn, as the driver of MAJESTIC CHEVRON in the race, “used his whip on more occasions than is permitted by Clause (b) of the Use of the Whip Regulation.”
Mr Dunn had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was not present at the hearing of the information. He requested, through the Stewards, that his appearance at the hearing of the charge be dispensed with. Mr Dunn was responsible for a large team of horses requiring to be transported home. The information was served after the last race and it was late. Whilst Mr Dunn’s explanation would not normally amount to exceptional circumstances, it was late in the evening, the charge was admitted and it was simple matter. There was also an element of expedience in disposing of the charge on racenight rather than adjourning it to a later date. The Committee allowed Mr Dunn’s request to be excused from attending the hearing.
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 Renault showed a video replay of the final 400 metres of the race. He pointed out MAJESTIC CHEVRON, driven by Mr Dunn, racing outside the leader as the field entered the home straight. After turning into the straight, Stewards alleged, Mr Dunn used his whip 13 times from the 200 metres to the finishing line. The Committee noted that MAJESTIC CHEVRON finished in 5th position, 1.6 lengths from the winner.
Mr Renault told the Committee that Mr Dunn had viewed the video replay and had accepted the alleged count of 13.
Submissions for Penalty:
Mr Renault said that Mr Dunn has had 105 drives this season and last season had 548. He has a very good record, with no breaches in the last 12 months, Mr Renault said.
Mr Renault referred to the penalty guide in the regulation and said that Stewards were recommending a fine of $200 as prescribed for a breach involving a number of strikes in the range of 11-13.
Reasons for Penalty:
There were a clear number of 13 strikes. The penalty guide penalty for a first breach involving 11-13 strikes is a fine of $200.
In this case there are no aggravating factors and no relevant mitigating factors.
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: 0b8dafcecab76766a3e9c5b702e425fd
informantnumber: A13215
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 29/09/2020
hearing_title: NZ Metro TC 25 September 2020 - R 9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, Clarkson Signs – In House Graphic Design Handicap Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr J R Dunn, alleging that Mr Dunn, as the driver of MAJESTIC CHEVRON in the race, “used his whip on more occasions than is permitted by Clause (b) of the Use of the Whip Regulation.”
Mr Dunn had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was not present at the hearing of the information. He requested, through the Stewards, that his appearance at the hearing of the charge be dispensed with. Mr Dunn was responsible for a large team of horses requiring to be transported home. The information was served after the last race and it was late. Whilst Mr Dunn’s explanation would not normally amount to exceptional circumstances, it was late in the evening, the charge was admitted and it was simple matter. There was also an element of expedience in disposing of the charge on racenight rather than adjourning it to a later date. The Committee allowed Mr Dunn’s request to be excused from attending the hearing.
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 Renault showed a video replay of the final 400 metres of the race. He pointed out MAJESTIC CHEVRON, driven by Mr Dunn, racing outside the leader as the field entered the home straight. After turning into the straight, Stewards alleged, Mr Dunn used his whip 13 times from the 200 metres to the finishing line. The Committee noted that MAJESTIC CHEVRON finished in 5th position, 1.6 lengths from the winner.
Mr Renault told the Committee that Mr Dunn had viewed the video replay and had accepted the alleged count of 13.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Dunn having admitted the charge, the charge is found proved.
sumissionsforpenalty:
Mr Renault said that Mr Dunn has had 105 drives this season and last season had 548. He has a very good record, with no breaches in the last 12 months, Mr Renault said.
Mr Renault referred to the penalty guide in the regulation and said that Stewards were recommending a fine of $200 as prescribed for a breach involving a number of strikes in the range of 11-13.
reasonsforpenalty:
There were a clear number of 13 strikes. The penalty guide penalty for a first breach involving 11-13 strikes is a fine of $200.
In this case there are no aggravating factors and no relevant mitigating factors.
penalty:
Mr Dunn is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)& Use of the Whip Regulation
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: J R Dunn, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 64ed22e0b75522af566eefccfcff5dcc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bcd6af5f86e11edda53dc88c898e3b0d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/09/2020
meet_title: NZ Metro TC - 25 September 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: NZ Metro TC