NZ Metro TC 27 January 2017 – R 8 – Chair, Mr D Jackson
ID: JCA10518
Meet Title:
NZ Metro TC - 27 January 2017
Meet Chair:
DJackson
Meet Committee Member 1:
RMcKenzie
Race Date:
2017/01/27
Race Number:
R 8
Decision:
In light of Ms Rasmussen’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.
Penalty:
Ms Rasmussen is fined $1250.00 for her clear excessive use of the whip on this occasion.
Facts:
Following the running of Race 8, the PGG Wrightson Yearling Sales – February Mobile Pace, an Information was laid by Chief Stipendiary Steward, Mr N Ydgren against Ms N Rasmussen, alleging a breach of Rule 869(2)(a), in that Ms Rasmussen used her whip excessively over the concluding stages when driving Mr Kalypso.
Rule 869(2)(A) reads:
“No horseman shall…use his whip in an unnecessary, excessive or improper manner”.
Ms Rasmussen admitted the charge in writing and attended the hearing.
Through video evidence Mr Ydgren showed Ms Rasmussen strike Mr Kalypso with the whip approximately 16 times during its run down the home straight to the finish concluding some 30 or so metres from the finishing post. In addition, Ms Rasmussen struck the horse “off the rein” approximately 4 times prior to the 16 strikes referred to above.
Submissions for Penalty:
Mr Ydgren pointed to Ms Rasmussen’s recent prior breach of this rule (under the new whip guidelines) at the Methven Trotting Club’s meeting on 4 December 2016 where Ms Rasmussen was fined $400. Mr Ydgren submitted having regard to the penalty guide that for a second breach of the rule, the guide called for a 3 – 5 day suspension and that in all the circumstances a 3 day suspension was appropriate.
Mr Ydgren submitted that it was not the worst example of excessive use of the whip, but that it was clearly excessive.
Ms Rasmussen submitted that a suspension would prevent her from driving in Sydney this weekend and in the following weeks (in Sydney). She explained that her stables were committed to two major Australian meetings, one in Sydney, the other in Melbourne. At least three horses namely 'Dream About Me', 'Party On', and 'Chase the Dream', were in Sydney already and were entered for races for this coming Saturday which she was confirmed to drive. The team were staying in Australia in order for some of them to race in the upcoming Chariots of Fire Series.
Ms Rasmussen was apologetic and understanding that the situation was one in which on a strict interpretation of the guide required her to be suspended.
The Committee gave Mr Ydgren an opportunity to reply. Mr Ydgren accepted that Ms Rasmussen’s travel to Sydney and racing commitments there in the coming weeks was accurate. Mr Ydgren submitted that these were exceptional circumstances which might justify a departure from the penalty guide and the imposition of a fine (although any fine would have to be significant).
Reasons for Penalty:
The introduction to the Penalty Guide for Judicial Committees makes it clear that the guide “should not be seen as either a replacement for, or an interpretation of the Rules”. The guide states its key purpose “is to ensure consistency in the imposition of penalties, but nonetheless to retain a judicial committee’s discretion and for this discretion to be exercised within readily ascertainable and thus transparent parameters. The integrity of racing demands no less.”
The guide makes it clear that “the guidelines as to penalties are just that: they are not intended to override the discretion that is vested by the Rules in raceday judicial committees.” Whilst there is an expectation that committees will operate within the guidelines (in order to promote consistency and fairness) the guide is clear that Committees may depart from the guidelines provided there is “good reason to believe that the case before it has some special characteristic that justifies the imposition of a penalty greater or lesser than that suggested by the guidelines. The judicial committee must carefully explain any departure from the guidelines.
The Committee determines that this is a special characteristic case which justifies the exercise of the discretion and the imposition of a different penalty to that suggested by the guide. Ms Rasmussen will be fined $1250.00.
The special characteristic which the Committee has identified is the dual commitment of Ms Rasmussen’s stable to two meetings in Sydney and Melbourne this weekend, the confirmed entry of the horses referred to by her, and the intended campaign there in the coming weeks.
The Committee has determined to exercise its discretion having regard primarily to the interests of the connections of the horses currently in Sydney. They have incurred significant expense in transporting their horses to Sydney to race. They expect Ms Rasmussen to be there and to drive their horses. With Ms Rasmussen’s stables already committed to racing elsewhere in Australia this is not a case where Mr Purdon or other stable drivers can be expected to take over Ms Rasmussen’s drives. They are already committed elsewhere. To require the connections to engage a different driver of suitable quality and experience to drive these horses on foreign soil would be to throw an unnecessary interruption into their preparations. The Committee determines that the connections should not be punished for Ms Rasmussen’s actions on this occasion. Rather, she will be punished financially.
Further, the Committee has reflected on the circumstances of the breach here and weighed that against the consequences of suspension on Ms Rasmussen and the connections of the horses racing in Sydney. Ms Rasmussen has admitted an excessive use of the whip charge in a class 0 race carrying a purse of $7870.00. To suspend her from driving for the duration of the indicated Sydney campaign (or part thereof depending on its length) would be a disproportionate sanction for a breach of this nature. Were it not for these special characteristics and the punishment of the connections identified above, the Committee would have adopted a starting point suspension of three days and reduced that to a two day suspension taking into account Ms Rasmussen’s admission of the breach.
For the avoidance of doubt – this decision has been made in unusual circumstances and upon the identification of a special characteristic. It is not to be taken as authority for the proposition that drivers can avoid suspension, on a second or subsequent breach of the excessive whip rule, by opting to pay a fine. The determination here, to fine rather than suspend Ms Rasmussen, follows a careful assessment of the circumstances of the breach and the consequences which follow. By a fine margin, the Committee has determined to exercise its discretion to protect both the connections and to promote the interests of New Zealand harness racing in Australia.
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: 003a0174b988d47aa65eca27653b3766
informantnumber: A8344
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 31/01/2017
hearing_title: NZ Metro TC 27 January 2017 - R 8 - Chair, Mr D Jackson
charge:
facts:
Following the running of Race 8, the PGG Wrightson Yearling Sales – February Mobile Pace, an Information was laid by Chief Stipendiary Steward, Mr N Ydgren against Ms N Rasmussen, alleging a breach of Rule 869(2)(a), in that Ms Rasmussen used her whip excessively over the concluding stages when driving Mr Kalypso.
Rule 869(2)(A) reads:
“No horseman shall…use his whip in an unnecessary, excessive or improper manner”.
Ms Rasmussen admitted the charge in writing and attended the hearing.
Through video evidence Mr Ydgren showed Ms Rasmussen strike Mr Kalypso with the whip approximately 16 times during its run down the home straight to the finish concluding some 30 or so metres from the finishing post. In addition, Ms Rasmussen struck the horse “off the rein” approximately 4 times prior to the 16 strikes referred to above.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
In light of Ms Rasmussen’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.
sumissionsforpenalty:
Mr Ydgren pointed to Ms Rasmussen’s recent prior breach of this rule (under the new whip guidelines) at the Methven Trotting Club’s meeting on 4 December 2016 where Ms Rasmussen was fined $400. Mr Ydgren submitted having regard to the penalty guide that for a second breach of the rule, the guide called for a 3 – 5 day suspension and that in all the circumstances a 3 day suspension was appropriate.
Mr Ydgren submitted that it was not the worst example of excessive use of the whip, but that it was clearly excessive.
Ms Rasmussen submitted that a suspension would prevent her from driving in Sydney this weekend and in the following weeks (in Sydney). She explained that her stables were committed to two major Australian meetings, one in Sydney, the other in Melbourne. At least three horses namely 'Dream About Me', 'Party On', and 'Chase the Dream', were in Sydney already and were entered for races for this coming Saturday which she was confirmed to drive. The team were staying in Australia in order for some of them to race in the upcoming Chariots of Fire Series.
Ms Rasmussen was apologetic and understanding that the situation was one in which on a strict interpretation of the guide required her to be suspended.
The Committee gave Mr Ydgren an opportunity to reply. Mr Ydgren accepted that Ms Rasmussen’s travel to Sydney and racing commitments there in the coming weeks was accurate. Mr Ydgren submitted that these were exceptional circumstances which might justify a departure from the penalty guide and the imposition of a fine (although any fine would have to be significant).
reasonsforpenalty:
The introduction to the Penalty Guide for Judicial Committees makes it clear that the guide “should not be seen as either a replacement for, or an interpretation of the Rules”. The guide states its key purpose “is to ensure consistency in the imposition of penalties, but nonetheless to retain a judicial committee’s discretion and for this discretion to be exercised within readily ascertainable and thus transparent parameters. The integrity of racing demands no less.”
The guide makes it clear that “the guidelines as to penalties are just that: they are not intended to override the discretion that is vested by the Rules in raceday judicial committees.” Whilst there is an expectation that committees will operate within the guidelines (in order to promote consistency and fairness) the guide is clear that Committees may depart from the guidelines provided there is “good reason to believe that the case before it has some special characteristic that justifies the imposition of a penalty greater or lesser than that suggested by the guidelines. The judicial committee must carefully explain any departure from the guidelines.
The Committee determines that this is a special characteristic case which justifies the exercise of the discretion and the imposition of a different penalty to that suggested by the guide. Ms Rasmussen will be fined $1250.00.
The special characteristic which the Committee has identified is the dual commitment of Ms Rasmussen’s stable to two meetings in Sydney and Melbourne this weekend, the confirmed entry of the horses referred to by her, and the intended campaign there in the coming weeks.
The Committee has determined to exercise its discretion having regard primarily to the interests of the connections of the horses currently in Sydney. They have incurred significant expense in transporting their horses to Sydney to race. They expect Ms Rasmussen to be there and to drive their horses. With Ms Rasmussen’s stables already committed to racing elsewhere in Australia this is not a case where Mr Purdon or other stable drivers can be expected to take over Ms Rasmussen’s drives. They are already committed elsewhere. To require the connections to engage a different driver of suitable quality and experience to drive these horses on foreign soil would be to throw an unnecessary interruption into their preparations. The Committee determines that the connections should not be punished for Ms Rasmussen’s actions on this occasion. Rather, she will be punished financially.
Further, the Committee has reflected on the circumstances of the breach here and weighed that against the consequences of suspension on Ms Rasmussen and the connections of the horses racing in Sydney. Ms Rasmussen has admitted an excessive use of the whip charge in a class 0 race carrying a purse of $7870.00. To suspend her from driving for the duration of the indicated Sydney campaign (or part thereof depending on its length) would be a disproportionate sanction for a breach of this nature. Were it not for these special characteristics and the punishment of the connections identified above, the Committee would have adopted a starting point suspension of three days and reduced that to a two day suspension taking into account Ms Rasmussen’s admission of the breach.
For the avoidance of doubt – this decision has been made in unusual circumstances and upon the identification of a special characteristic. It is not to be taken as authority for the proposition that drivers can avoid suspension, on a second or subsequent breach of the excessive whip rule, by opting to pay a fine. The determination here, to fine rather than suspend Ms Rasmussen, follows a careful assessment of the circumstances of the breach and the consequences which follow. By a fine margin, the Committee has determined to exercise its discretion to protect both the connections and to promote the interests of New Zealand harness racing in Australia.
penalty:
Ms Rasmussen is fined $1250.00 for her clear excessive use of the whip on this occasion.
hearing_type: Hearing
Rules: 869(2)a)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Ms N Rasmussen - Licensed Open Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1f521d81cadb5e59d7b2af90e6e5ecc2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 429cf6f4830b5f9a8e2da9d1699e898f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/01/2017
meet_title: NZ Metro TC - 27 January 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DJackson
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC