NZ Metro TC 30 August 2019 – R 10 – Chair, Mr R McKenzie
ID: JCA10718
Meet Title:
NZ Metro TC - 30 August 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
OJarvis
Race Date:
2019/08/30
Race Number:
R10
Decision:
Mr Cox has admitted the charge and it is found proved accordingly.
Penalty:
Mr Cox is fined the sum of $200.
Facts:
Following the running of Race 10, Public Cup Week Tickets – On Sale 2nd September Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr J W Cox, alleging that Mr Cox, as the driver of FRANKIE D in the race, used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Mr Cox had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Cox was present at the hearing of the information and he confirmed that he admitted the breach.
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 Ydgren showed a video replay of the final 400 metres of the race. He pointed out Mr Cox, driving FRANKIE D, racing one-out and one-back in a tight position. Mr Cox secured clear racing room into the final straight and angled wide inside the 200 metres. Stewards were alleging Mr Cox used his whip in a striking motion 11 times from the 400 metres to the finishing line, Mr Ydgren said. The number of strikes could be very clearly counted from viewing the video replay and Mr Cox confirmed that he accepted the number of strikes as alleged by the Stewards.
Mr Cox said that he had not been counting the strikes during the race and was not aware that he had breached the regulations until he was called into the Stewards’ Room. The horse finished in 2nd placing (a ½ length from the winner) and, Mr Cox told the Committee, it would have been his partner, Miss Butt’s, first training winner had he got up to win the race. He was eager to win the race for her but accepted that the regulations needed to be followed.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr Cox has a clear record as far as breaches of the Rule were concerned, his last breach being over 12 months and 379 drives ago.
Stewards were seeking a fine of $200, being the penalty prescribed in the Regulations for a first offence breach involving a number of strikes in the range of 11-13, Mr Ydgren said.
Mr Cox did not wish to make any submission in relation to penalty.
Reasons for Penalty:
The penalty is prescribed in the Regulations, for a first breach in the range of 11-13 strikes, as a fine of $200. In this case, there are no aggravating or mitigating factors requiring an uplift or a discount, although the Committee does accept that the breach was very much low-end and, also, acknowledges Mr Cox’s excellent record.
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: 08569cfb9adee917761335d0c37bd412
informantnumber: A10763
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 03/09/2019
hearing_title: NZ Metro TC 30 August 2019 - R 10 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 10, Public Cup Week Tickets – On Sale 2nd September Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr J W Cox, alleging that Mr Cox, as the driver of FRANKIE D in the race, used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Mr Cox had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Cox was present at the hearing of the information and he confirmed that he admitted the breach.
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 Ydgren showed a video replay of the final 400 metres of the race. He pointed out Mr Cox, driving FRANKIE D, racing one-out and one-back in a tight position. Mr Cox secured clear racing room into the final straight and angled wide inside the 200 metres. Stewards were alleging Mr Cox used his whip in a striking motion 11 times from the 400 metres to the finishing line, Mr Ydgren said. The number of strikes could be very clearly counted from viewing the video replay and Mr Cox confirmed that he accepted the number of strikes as alleged by the Stewards.
Mr Cox said that he had not been counting the strikes during the race and was not aware that he had breached the regulations until he was called into the Stewards’ Room. The horse finished in 2nd placing (a ½ length from the winner) and, Mr Cox told the Committee, it would have been his partner, Miss Butt’s, first training winner had he got up to win the race. He was eager to win the race for her but accepted that the regulations needed to be followed.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Cox has admitted the charge and it is found proved accordingly.
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr Cox has a clear record as far as breaches of the Rule were concerned, his last breach being over 12 months and 379 drives ago.
Stewards were seeking a fine of $200, being the penalty prescribed in the Regulations for a first offence breach involving a number of strikes in the range of 11-13, Mr Ydgren said.
Mr Cox did not wish to make any submission in relation to penalty.
reasonsforpenalty:
The penalty is prescribed in the Regulations, for a first breach in the range of 11-13 strikes, as a fine of $200. In this case, there are no aggravating or mitigating factors requiring an uplift or a discount, although the Committee does accept that the breach was very much low-end and, also, acknowledges Mr Cox’s excellent record.
penalty:
Mr Cox is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)& Use of the Whip Regulations
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: J W Cox, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c2630f12d4e1c0ebdc626dde5d5952b0
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: f26dbf1e7ea627f9e96a2c3d3b5ad5af
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/08/2019
meet_title: NZ Metro TC - 30 August 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: OJarvis
meet_pm2: none
name: NZ Metro TC