NZ Metro TC 30 September 2011 – R 5
ID: JCA11464
Meet Title:
NZ Metro TC - 30 September 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2011/09/30
Race Number:
R5
Decision:
Miss Rasmussen having admitted the charge, the charge was found proved.
Penalty:
Miss Rasmussen was fined the sum of $200.
Charge:
Excessive use of the whip
Facts:
Following the running of Race 5, NRM Sires’ Stakes Series No. 28 (Heat 2), an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Miss N C Rasmussen, alleging a breach of Rule 869 (2) (a) in that Miss Rasmussen “used her whip excessively in the run home whilst driving HOT SHOT LAVROS”.
Miss Rasmussen had signed the Statement by the Defendant on the information form indicating, firstly, that she admitted the breach and, secondly, that she did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
Mr McIntyre showed a video replay of the final 200-300 metres of the race. He pointed out Miss Rasmussen, driving HOT SHOT LAVROS, racing 3-wide turning into the home straight. From the top of the straight to the finishing line, Mr McIntyre alleged, Miss Rasmussen had used her whip approximately 25-27 times and, at times, used it continuously. The Stewards deemed her use of the whip to be excessive and outside the guidelines, Mr McIntyre said.
Submissions for Penalty:
Miss Rasmussen had readily admitted the breach, Mr McIntyre said. He pointed out that different rules apply in Australia relating to use of the whip (Miss Rasmussen has recently moved from that country) but it was the obligation of a driver to know the rules of wherever he or she is driving. Miss Rasmussen was clearly in breach of the Rule on this occasion.
Miss Rasmussen’s driving record was not available, Mr McIntyre said, but in any event it would not necessarily be helpful given that different rules apply regarding use of the whip.
Mr Rasmussen submitted that, taking into account Miss Rasmussen’s admission of the breach, a fine of $200 was an appropriate penalty.
Reasons for Penalty:
The Committee took into account Miss Rasmussen’s admission of the breach and the fact that she has recently moved from Australia, where different rules apply regarding use of the whip. At the same time, 25 -27 strikes is clearly excessive and, no doubt, Miss Rasmussen has had explained to her what her obligations are in this country and it is to be hoped that she will be aware of those obligations in the future.
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: 20bc10773cf3f01cea8dd952180bcbed
informantnumber: 69513
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 20/09/2011
hearing_title: NZ Metro TC 30 September 2011 - R 5
charge:
Excessive use of the whip
facts:
Following the running of Race 5, NRM Sires’ Stakes Series No. 28 (Heat 2), an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Miss N C Rasmussen, alleging a breach of Rule 869 (2) (a) in that Miss Rasmussen “used her whip excessively in the run home whilst driving HOT SHOT LAVROS”.
Miss Rasmussen had signed the Statement by the Defendant on the information form indicating, firstly, that she admitted the breach and, secondly, that she did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed a video replay of the final 200-300 metres of the race. He pointed out Miss Rasmussen, driving HOT SHOT LAVROS, racing 3-wide turning into the home straight. From the top of the straight to the finishing line, Mr McIntyre alleged, Miss Rasmussen had used her whip approximately 25-27 times and, at times, used it continuously. The Stewards deemed her use of the whip to be excessive and outside the guidelines, Mr McIntyre said.
reasonsfordecision:
Decision:
Miss Rasmussen having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Miss Rasmussen had readily admitted the breach, Mr McIntyre said. He pointed out that different rules apply in Australia relating to use of the whip (Miss Rasmussen has recently moved from that country) but it was the obligation of a driver to know the rules of wherever he or she is driving. Miss Rasmussen was clearly in breach of the Rule on this occasion.
Miss Rasmussen’s driving record was not available, Mr McIntyre said, but in any event it would not necessarily be helpful given that different rules apply regarding use of the whip.
Mr Rasmussen submitted that, taking into account Miss Rasmussen’s admission of the breach, a fine of $200 was an appropriate penalty.
reasonsforpenalty:
The Committee took into account Miss Rasmussen’s admission of the breach and the fact that she has recently moved from Australia, where different rules apply regarding use of the whip. At the same time, 25 -27 strikes is clearly excessive and, no doubt, Miss Rasmussen has had explained to her what her obligations are in this country and it is to be hoped that she will be aware of those obligations in the future.
penalty:
Miss Rasmussen was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer: N C Rasmussen, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 884d90a2af997ec10d9b609483c102fd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0a845fc79017106e151d29921307422d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/09/2011
meet_title: NZ Metro TC - 30 September 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC