NZ Metro TC 5 April 2019 – R 5 – Chair, Mr R McKenzie
ID: JCA11627
Meet Title:
NZ Metro TC - 5 April 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2019/04/05
Race Number:
R5
Decision:
Mr Dickie having admitted the breach, the charge was found proved.
Penalty:
Mr Dickie’s application for a deferment of suspension is granted. Mr Dickie’s Open Driver’s licence is suspended from after the close of racing on 12 April next up to and including 22 April – 3 days. The days intended to be encompassed by the period of suspension are Waikato Bay of Plenty Harness on 18 April and Hawera HRC on 20 and 22 April.
Facts:
Following the running of Race 5, Fred Shaw Memorial NZ Trotting Championship (Group 1), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr J I Dickie, alleging that Mr Dickie, as the driver of SPEEDING SPUR in the race, “used his whip outside of Clause (b) of the Use of the Whip Regulations”.
Mr Dickie had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He 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 SPEEDING SPUR, driven by Mr Dickie, in the lead as the field approached the home turn. He alleged that Mr Dickie had used twelve clear strikes from inside the final 300 metres. Mr Dickie agreed that the twelve strikes were very clear.
He accepted that he had exceeded the permissible number under the Regulations. He said it had been hard not to urge the horse and, on every occasion that he used the whip, the horse had responded. He had simply been trying to do his best and accepted that he had breached the Rule.
Submissions for Penalty:
Mr Ydgren told the Committee that Mr Dickie had a clear record under the Rule since July of last year, a record he described as “excellent”. He has had 135 drives so far this season and, last season, he had 194 drives. The breach falls within the first category under the Regulations of 11-13 strikes. Stewards were submitting that a 3-days suspension was an appropriate penalty having regard to the Group 1 status of the race and the stake payable ($100,000).
Mr Dickie submitted that a 3-days suspension was a long one for a North Island driver. He relies on his income from race driving, he said. He acknowledged that any fine would have to be significant, being in a Group 1 race, and he would take a suspension if the Committee thought that appropriate.
The hearing then considered the upcoming meetings at which Mr Dickie indicated that he would have drives. Mr Dickie said that his stable was intending to take three horses to race at the two-day Hawera meeting at Easter where, he anticipated, he would be likely to pick up further outside drives.
Reasons for Penalty:
Mr Dickie has a clear record under the Rule. In terms of the prescribed penalties in the Regulation, a breach involving 12 strikes (there were 12 clear strikes in this case) would incur a fine of $200. However, that is obviously not appropriate where the breach is in a Group 1 race for a stake of $100,000. A further aggravating factor is that SPEEDING SPUR was able to win the race, and win it by the very narrow margin of a neck. That margin would almost certainly have been less had the runner-up, SUNDEES SUN, not broken from its gait approximately 30 metres from the finishing line.
It is not an easy exercise for the Committee to arrive at a penalty for a breach in a Group 1 race, where different considerations apply.
Mr Ydgren has recommended that a 3-days suspension be imposed and we consider that to be fitting in this case, having regard to the aggravating factors referred to – the status of the race and the stake payable and the fact that Mr Dickie won the race. A fine of $200 equates, roughly, to 4 drives (JCA Penalty Guide) so we have taken the starting point, in Mr Dickie’s case, as a 1-day suspension, a suspension being the appropriate penalty, we believe. Each of the aggravating factors warrants a further 1 day suspension and it is on that basis that the Committee has decided that an appropriate penalty is a term of suspension of 3 days.
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: 21d23b5e15280d71ce8a8f723b682183
informantnumber: A12435
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 09/04/2019
hearing_title: NZ Metro TC 5 April 2019 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Fred Shaw Memorial NZ Trotting Championship (Group 1), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr J I Dickie, alleging that Mr Dickie, as the driver of SPEEDING SPUR in the race, “used his whip outside of Clause (b) of the Use of the Whip Regulations”.
Mr Dickie had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He 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 SPEEDING SPUR, driven by Mr Dickie, in the lead as the field approached the home turn. He alleged that Mr Dickie had used twelve clear strikes from inside the final 300 metres. Mr Dickie agreed that the twelve strikes were very clear.
He accepted that he had exceeded the permissible number under the Regulations. He said it had been hard not to urge the horse and, on every occasion that he used the whip, the horse had responded. He had simply been trying to do his best and accepted that he had breached the Rule.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Dickie having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that Mr Dickie had a clear record under the Rule since July of last year, a record he described as “excellent”. He has had 135 drives so far this season and, last season, he had 194 drives. The breach falls within the first category under the Regulations of 11-13 strikes. Stewards were submitting that a 3-days suspension was an appropriate penalty having regard to the Group 1 status of the race and the stake payable ($100,000).
Mr Dickie submitted that a 3-days suspension was a long one for a North Island driver. He relies on his income from race driving, he said. He acknowledged that any fine would have to be significant, being in a Group 1 race, and he would take a suspension if the Committee thought that appropriate.
The hearing then considered the upcoming meetings at which Mr Dickie indicated that he would have drives. Mr Dickie said that his stable was intending to take three horses to race at the two-day Hawera meeting at Easter where, he anticipated, he would be likely to pick up further outside drives.
reasonsforpenalty:
Mr Dickie has a clear record under the Rule. In terms of the prescribed penalties in the Regulation, a breach involving 12 strikes (there were 12 clear strikes in this case) would incur a fine of $200. However, that is obviously not appropriate where the breach is in a Group 1 race for a stake of $100,000. A further aggravating factor is that SPEEDING SPUR was able to win the race, and win it by the very narrow margin of a neck. That margin would almost certainly have been less had the runner-up, SUNDEES SUN, not broken from its gait approximately 30 metres from the finishing line.
It is not an easy exercise for the Committee to arrive at a penalty for a breach in a Group 1 race, where different considerations apply.
Mr Ydgren has recommended that a 3-days suspension be imposed and we consider that to be fitting in this case, having regard to the aggravating factors referred to – the status of the race and the stake payable and the fact that Mr Dickie won the race. A fine of $200 equates, roughly, to 4 drives (JCA Penalty Guide) so we have taken the starting point, in Mr Dickie’s case, as a 1-day suspension, a suspension being the appropriate penalty, we believe. Each of the aggravating factors warrants a further 1 day suspension and it is on that basis that the Committee has decided that an appropriate penalty is a term of suspension of 3 days.
penalty:
Mr Dickie’s application for a deferment of suspension is granted. Mr Dickie’s Open Driver’s licence is suspended from after the close of racing on 12 April next up to and including 22 April – 3 days. The days intended to be encompassed by the period of suspension are Waikato Bay of Plenty Harness on 18 April and Hawera HRC on 20 and 22 April.
hearing_type: Hearing
Rules: 869(2) & Use of the Whip Regulations
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: J I Dickie, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: de1c8e7dbea018228692c685edb9aa07
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: d49e9102c2d8f117a2f40a90eebde01a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/04/2019
meet_title: NZ Metro TC - 5 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC