NZ Metro TC 30 March 2012 – R 7
ID: JCA15105
Meet Title:
NZ Metro TC - 30 March 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/03/30
Race Number:
R 7
Decision:
The charge was found to be proved.
Penalty:
Mr Douglass was fined the sum of $300-00.
Charge:
Alleged excessive use of the whip.
Facts:
Following the running of Race 7, the RICOH New Zealand Derby, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr J. N. Douglass 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 in a manner which Stewards deem to be excessive in the run home”.
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 Douglass had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Douglass is an Australian driver, but he agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr McIntyre gave evidence and used video coverage to show that Mr Douglass had used his whip on about 30 occasions in the run home. There were pauses in the first few strikes, but most were in the final 150 metres of the race, and they were made rapidly with no pauses.
Mr Douglas said that he was trying to get the best out of his horse.
Reasons for Decision:
As Mr Douglass had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr McIntyre advised that Mr Douglass had no relevant previous breaches of this Rule in New Zealand. To Mr Douglass’s credit he had admitted the breach, but as this was a $150,000-00 Group One race Mr McIntyre submitted that a fine of $300-00 should be imposed.
Mr Douglass had no relevant submissions to make with regard to penalty.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
We took into account Mr Douglass’s good record, and also took into account his admission of the breach. The Penalty Guide recommends a starting point of 6 drives or a fine of $300-00 for a breach of this Rule. We looked at the JCA data base for penalties imposed for breaches of this Rule in Group One races, and found that a fine of $300-00 was in line with penalties imposed in the past. Taking all these matters into account we decided that fine of $300-00 should be imposed in this case.
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: 69869609a955f5df33acacda9464f413
informantnumber: A5165
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 29/03/2012
hearing_title: NZ Metro TC 30 March 2012 - R 7
charge:
Alleged excessive use of the whip.
facts:
Following the running of Race 7, the RICOH New Zealand Derby, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr J. N. Douglass 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 in a manner which Stewards deem to be excessive in the run home”.
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 Douglass had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Douglass is an Australian driver, but he agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre gave evidence and used video coverage to show that Mr Douglass had used his whip on about 30 occasions in the run home. There were pauses in the first few strikes, but most were in the final 150 metres of the race, and they were made rapidly with no pauses.
Mr Douglas said that he was trying to get the best out of his horse.
reasonsfordecision:
As Mr Douglass 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.
sumissionsforpenalty:
In relation to penalty Mr McIntyre advised that Mr Douglass had no relevant previous breaches of this Rule in New Zealand. To Mr Douglass’s credit he had admitted the breach, but as this was a $150,000-00 Group One race Mr McIntyre submitted that a fine of $300-00 should be imposed.
Mr Douglass had no relevant submissions to make with regard to penalty.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
We took into account Mr Douglass’s good record, and also took into account his admission of the breach. The Penalty Guide recommends a starting point of 6 drives or a fine of $300-00 for a breach of this Rule. We looked at the JCA data base for penalties imposed for breaches of this Rule in Group One races, and found that a fine of $300-00 was in line with penalties imposed in the past. Taking all these matters into account we decided that fine of $300-00 should be imposed in this case.
penalty:
Mr Douglass was fined the sum of $300-00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N G McIntyre - Stipendiary Steward
JockeysandTrainer: Mr J N Douglass - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 70ba11dce9e102ecc93896a660755115
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5219a2120dc08502e0364d7dd0ae0d22
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/03/2012
meet_title: NZ Metro TC - 30 March 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC