NZ Metro TC 29 July 2012 – R 2 (heard on 2 August 2012 at Addington)
ID: JCA20249
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 29 July 2012
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/07/29
Race Number:
R 2
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr N M Ydgren - Stipendiary Steward
Defendant: Mr G B Bull - Advanced Amateur Driver
Information No: A5191
Meeting: NZ Metro Trotting Club
Venue: Addington
Date: 29 July 2012 (heard on 2 August 2012 at Addington)
Race: 2
Rule No: 869(2)(a)
Judicial Committee: J M Phelan, Chairman - S C Ching, Committee Member
Plea: Admitted
Charge:
Alleged breach of Rule 869(2)(a).
Evidence:
This matter arose at the NZMTC race meeting held at Addington Raceway on 29 July 2012, but was heard on 2 August 2012 at the NZMTC race meeting held at Addington Raceway.
Following the running of Race 2, the Bishopdale-Bush Inn TAB Amateur Drivers Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Advanced Amateur Driver Mr G. B. Bull alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) you used your whip excessively when driving “Broadway Classic, over the final stages”.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Mr Bull had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under. Mr Bull had indicated on the information that this charge was admitted, and he confirmed this at the hearing.
Submissions For Decision:
Mr Ydgren gave evidence and used video coverage to show that Mr Bull had used his whip on at least 30 occasions over the concluding stages of the race, and that this was deemed to be excessive.
Mr Bull did not dispute this evidence.
Reasons For Decision:
As Mr Bull had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
Submission For Penalty:
In relation to penalty Mr Ydgren advised that the starting point recommended by the Penalty Guide was a fine of $300-00 and/or a suspension. Mr Ydgren said that Mr Bull had been open and frank in his admission of this breach and had not breached this Rule in the last 12 months. Although the number of strikes was high, the force used was minimal, and Mr Ydgren assessed that the breach was at the lower end of the scale of seriousness. Mr Ydgren submitted that fine of $200-00 should be imposed in this case.
Mr Bull made submissions that penalties of $150-00 had been imposed recently in the North Island for a breach of this Rule. In response we advised Mr Bull that it was unhelpful to look at penalties imposed by other Committees.
Reasons For Penalty:
To Mr Bull’s credit we took into account his good record, his admission of the breach, and we also agreed that although the number of strikes was high, the force used was low. We were satisfied that a fine of $200-00 should be imposed in this case.
Penalty:
Mr Bull was fined the sum of $200-00.
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: 532d1117ee85d81a2695cade2208b12d
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 29/07/2012
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC 29 July 2012 - R 2 (heard on 2 August 2012 at Addington)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr N M Ydgren - Stipendiary Steward
Defendant: Mr G B Bull - Advanced Amateur Driver
Information No: A5191
Meeting: NZ Metro Trotting Club
Venue: Addington
Date: 29 July 2012 (heard on 2 August 2012 at Addington)
Race: 2
Rule No: 869(2)(a)
Judicial Committee: J M Phelan, Chairman - S C Ching, Committee Member
Plea: Admitted
Charge:
Alleged breach of Rule 869(2)(a).
Evidence:
This matter arose at the NZMTC race meeting held at Addington Raceway on 29 July 2012, but was heard on 2 August 2012 at the NZMTC race meeting held at Addington Raceway.
Following the running of Race 2, the Bishopdale-Bush Inn TAB Amateur Drivers Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Advanced Amateur Driver Mr G. B. Bull alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) you used your whip excessively when driving “Broadway Classic, over the final stages”.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Mr Bull had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under. Mr Bull had indicated on the information that this charge was admitted, and he confirmed this at the hearing.
Submissions For Decision:
Mr Ydgren gave evidence and used video coverage to show that Mr Bull had used his whip on at least 30 occasions over the concluding stages of the race, and that this was deemed to be excessive.
Mr Bull did not dispute this evidence.
Reasons For Decision:
As Mr Bull had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
Submission For Penalty:
In relation to penalty Mr Ydgren advised that the starting point recommended by the Penalty Guide was a fine of $300-00 and/or a suspension. Mr Ydgren said that Mr Bull had been open and frank in his admission of this breach and had not breached this Rule in the last 12 months. Although the number of strikes was high, the force used was minimal, and Mr Ydgren assessed that the breach was at the lower end of the scale of seriousness. Mr Ydgren submitted that fine of $200-00 should be imposed in this case.
Mr Bull made submissions that penalties of $150-00 had been imposed recently in the North Island for a breach of this Rule. In response we advised Mr Bull that it was unhelpful to look at penalties imposed by other Committees.
Reasons For Penalty:
To Mr Bull’s credit we took into account his good record, his admission of the breach, and we also agreed that although the number of strikes was high, the force used was low. We were satisfied that a fine of $200-00 should be imposed in this case.
Penalty:
Mr Bull was fined the sum of $200-00.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2)(a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7a9257af35237f9677d591488f514f7a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1524c293e80791d06c2c73e43be2642f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/07/2012
meet_title: NZ Metro TC - 29 July 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC