NZ Metro TC 6 September 2013 – R 3
ID: JCA13457
Meet Title:
NZ Metro TC - 6 September 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/09/06
Race Number:
R3
Decision:
The charge was found to be proved.
Penalty:
On resuming the hearing we gave our reasons and advised that Mr Orange was fined the sum of $200.
Charge:
Breach of Rule 869(2)(a)-unnecessary use of the whip.
Facts:
Following the running of Race 3, the Armitage Williams Construction Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Open Horseman Mr B Orange alleging a breach of Rule 869(2)(a) in that he used his whip in an unnecessary manner.
The charge reads as follows:
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that you used your whip in an unnecessary manner by striking BANK RAIDER on several occasions after the finishing line.”
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.”
Submissions for Decision:
Mr Orange 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 Wallis gave evidence and used video coverage, to show that shortly after the end of the race and just past the winning post, Mr Orange driving BANK RAIDER, struck his horse twice then on another 2 occasions shortly after that.
Mr Orange disputed the word “several” used in the information but conceded it was 2 strikes then another strike plus a strike on the tail. He stated that the horse had raced disappointingly after receiving a beautiful run and he was frustrated at BANK RAIDER's performance.
The Committee observed that the strikes were not hard strikes but could be regarded as mid-range.
Reasons for Decision:
As Mr Orange had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Wallis advised that Mr Orange had a clear record in regard to this Rule and had readily admitted the breach at the first opportunity. Mr Wallis stated that the JCA Penalty guide has a recommended penalty of $300 or 6 drives for a breach of this Rule. He submitted that a fine of $200 be considered on this occasion.
Mr Orange asked the Committee to consider a minimal fine for the breach.
We adjourned to consider the question of penalty.
Reasons for Penalty:
We took into account that Mr Orange had readily admitted this breach and had a clear record in regard to this Rule. We looked at the Penalty Guide and penalties imposed for past similar breaches of this Rule and decided that a fine of $200 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: 3a309fd7e9d68aeaf05a10ca3fd2f653
informantnumber: A1890
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 01/09/2013
hearing_title: NZ Metro TC 6 September 2013 - R 3
charge:
Breach of Rule 869(2)(a)-unnecessary use of the whip.
facts:
Following the running of Race 3, the Armitage Williams Construction Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Open Horseman Mr B Orange alleging a breach of Rule 869(2)(a) in that he used his whip in an unnecessary manner.
The charge reads as follows:
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that you used your whip in an unnecessary manner by striking BANK RAIDER on several occasions after the finishing line.”
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.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Orange 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 Wallis gave evidence and used video coverage, to show that shortly after the end of the race and just past the winning post, Mr Orange driving BANK RAIDER, struck his horse twice then on another 2 occasions shortly after that.
Mr Orange disputed the word “several” used in the information but conceded it was 2 strikes then another strike plus a strike on the tail. He stated that the horse had raced disappointingly after receiving a beautiful run and he was frustrated at BANK RAIDER's performance.
The Committee observed that the strikes were not hard strikes but could be regarded as mid-range.
reasonsfordecision:
As Mr Orange had admitted this breach of the Rules 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 Wallis advised that Mr Orange had a clear record in regard to this Rule and had readily admitted the breach at the first opportunity. Mr Wallis stated that the JCA Penalty guide has a recommended penalty of $300 or 6 drives for a breach of this Rule. He submitted that a fine of $200 be considered on this occasion.
Mr Orange asked the Committee to consider a minimal fine for the breach.
We adjourned to consider the question of penalty.
reasonsforpenalty:
We took into account that Mr Orange had readily admitted this breach and had a clear record in regard to this Rule. We looked at the Penalty Guide and penalties imposed for past similar breaches of this Rule and decided that a fine of $200 should be imposed in this case.
penalty:
On resuming the hearing we gave our reasons and advised that Mr Orange was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S Wallis-Stipendiary Steward
JockeysandTrainer: B Orange-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5331d49473ce19f389d301c030505100
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 154b54f61734514ca47ca4d44fcf7e5f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/09/2013
meet_title: NZ Metro TC - 6 September 2013
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