NZ Metro TC 6 September 2020 – R 1 – Chair, Mr R McKenzie
ID: JCA15461
Meet Title:
NZ Metro TC - 6 September 2020
Meet Chair:
RMcKenzie
Race Date:
2020/09/06
Race Number:
R1
Decision:
Mr White having admitted the breach, the charge was found proved.
Penalty:
Mr White is fined the sum of $500.
Facts:
Following the running of Race 1, IRT. Supporting the NZ Trotting Cup (Amateur Drivers) Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Advanced Amateur Driver, Mr A C White, alleging that Mr White, as the driver of I’M JIMMY JAMES in the race, “used his whip on more occasions than is permitted [by Clause (b) of the Use of the Whip Regulation] inside the final 400 metres”.
Mr White 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 Renault showed a video replay of the final 400 metres of the race. He pointed out I’M JIMMY JAMES, driven by Mr White, racing 4-wide and improving in mid-field as the field neared the home turn. Mr Renault showed that Mr White commenced using his whip passing the 400 metres, and alleged that he used it a total of 22 times from that point to the finishing line. That count was in the “top bracket”, Mr Renault said. That alleged count was accepted by Mr White. The Committee noted that I’M JIMMY JAMES finished in 7th placing, 5.3 lengths from the winner.
Mr White explained that this was only his third drive back after a lengthy break (it is noted that he last drove in the 2016/2017 season). He added that he had tried to drive in compliance with the new regulations (to come into effect on 1 October 2020). Some strikes were just flicks and he thought would not be counted, he said, but he accepted that some were with more force. He demonstrated this with reference to the video replay. He had clearly breached the rule and regulation, he said.
Submissions for Penalty:
Mr Renault told the Committee that Mr White has had two drives this season prior to today’s race. He was not licensed last season. His record is clear, Mr Renault said.
Mr Renault referred to the starting point for penalty in the regulation. For a number of strikes of 17-plus, he said, the prescribed penalty is a fine of $500 and Stewards were seeking a fine of that amount.
Mr White asked the Committee if it would consider a suspension in lieu of a fine. When he was informed of the likely term of any suspension (5-6 months), he expressed a preference for a fine.
Reasons for Penalty:
The Use of the Whip Regulation prescribes a fine of $500 for a breach involving a number of strikes of 17-plus. The agreed number of strikes in the present case is well in excess of that number making it, on the face of it, a serious breach. However, although the number of strikes is high the breach is, in other respects, not high-range. Many strikes were with the reins in hand and with little force. Further, Mr White did not persist in his whip use when it was clear that he could not finish in a higher placing.
A fine in terms of the regulation is appropriate.
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: 95ecd8bbbc3785b53c78bee44302a57d
informantnumber: A13204
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 07/09/2020
hearing_title: NZ Metro TC 6 September 2020 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, IRT. Supporting the NZ Trotting Cup (Amateur Drivers) Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Advanced Amateur Driver, Mr A C White, alleging that Mr White, as the driver of I’M JIMMY JAMES in the race, “used his whip on more occasions than is permitted [by Clause (b) of the Use of the Whip Regulation] inside the final 400 metres”.
Mr White 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 Renault showed a video replay of the final 400 metres of the race. He pointed out I’M JIMMY JAMES, driven by Mr White, racing 4-wide and improving in mid-field as the field neared the home turn. Mr Renault showed that Mr White commenced using his whip passing the 400 metres, and alleged that he used it a total of 22 times from that point to the finishing line. That count was in the “top bracket”, Mr Renault said. That alleged count was accepted by Mr White. The Committee noted that I’M JIMMY JAMES finished in 7th placing, 5.3 lengths from the winner.
Mr White explained that this was only his third drive back after a lengthy break (it is noted that he last drove in the 2016/2017 season). He added that he had tried to drive in compliance with the new regulations (to come into effect on 1 October 2020). Some strikes were just flicks and he thought would not be counted, he said, but he accepted that some were with more force. He demonstrated this with reference to the video replay. He had clearly breached the rule and regulation, he said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr White having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault told the Committee that Mr White has had two drives this season prior to today’s race. He was not licensed last season. His record is clear, Mr Renault said.
Mr Renault referred to the starting point for penalty in the regulation. For a number of strikes of 17-plus, he said, the prescribed penalty is a fine of $500 and Stewards were seeking a fine of that amount.
Mr White asked the Committee if it would consider a suspension in lieu of a fine. When he was informed of the likely term of any suspension (5-6 months), he expressed a preference for a fine.
reasonsforpenalty:
The Use of the Whip Regulation prescribes a fine of $500 for a breach involving a number of strikes of 17-plus. The agreed number of strikes in the present case is well in excess of that number making it, on the face of it, a serious breach. However, although the number of strikes is high the breach is, in other respects, not high-range. Many strikes were with the reins in hand and with little force. Further, Mr White did not persist in his whip use when it was clear that he could not finish in a higher placing.
A fine in terms of the regulation is appropriate.
penalty:
Mr White is fined the sum of $500.
hearing_type: Hearing
Rules: 869(2)& Use of the Whip Regulation
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: A C White, Licensed Advance Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7d39295d376d21cb55595885710cd76e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ebecc263b4f76f0e1cd59907e0e75d88
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/09/2020
meet_title: NZ Metro TC - 6 September 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: NZ Metro TC