NZ Metro TC 7 June 2020 – R 2 – Chair, Mr S Ching
ID: JCA10625
Meet Title:
NZ Metro TC - 7 June 2020
Meet Chair:
SChing
Race Date:
2020/06/07
Race Number:
R2
Decision:
As Mr Cox had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr Cox is fined the sum of $200.
Facts:
Following the running of Race 2, the Allied Security-NZ Owned & Operated Mobile Pace, an Information was filed by Stipendiary Steward, Mr P Williams against Licensed Open Horseman, Mr J Cox, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Rule 869(2) reads as follows:
869 (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.
Whip Regulation (b) reads as follows;
(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 Cox had endorsed the information that the breach was admitted which he confirmed to the hearing. Mr Cox also confirmed that he understood the rule and Whip Guideline (b) under which the charge was brought.
Mr Williams gave evidence and showed video replays of the final 400m. He pointed out Mr Cox driving I AM ADALINE, positioned in the lead as the field approached the home turn. Inside the 400m, Mr Cox drew the whip and used it on 12 occasions prior to the finish line.
Mr Cox did not dispute the number of strikes, said that the horse did respond to the whip and that a couple of the strikes were on the shaft.
Submissions for Penalty:
Mr Williams stated that Mr Cox had a previous breach on 24 December 2019 at Ashburton where he received a 5-day suspension. He stated that the reset period for a breach of this rule was 6 months, which was in 2 weeks’ time, or 200 drives. Mr Williams added that Mr Cox had driven on 173 occasions since that breach and apart from the suspension of racing due to the lockdown with Covid 19, Mr Cox would normally have driven well in excess of the 200-drive reset. Mr Williams submitted that after taking those factors into consideration, this breach could be dealt with as a first offence as per the JCA Penalty Guide sliding scale of a 11 to 13 strike offence, which provides a $200 fine.
Mr Cox stated that a fine considering the factors submitted was fair.
Reasons for Penalty:
The Committee took into consideration the factors, as above, submitted by Mr Williams and agreed that this breach could be dealt with as a first offence under the penalty sliding scale. The Penalty Guide provides a fine of $200, under the sliding scale, for an 11 to 13 strike offence, under this rule. We therefore determined that as per the sliding scale, a $200 fine was an appropriate penalty.
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: 054ddedd098ca8f3e51d90bf468f4a68
informantnumber: A13251
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 08/06/2020
hearing_title: NZ Metro TC 7 June 2020 - R 2 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 2, the Allied Security-NZ Owned & Operated Mobile Pace, an Information was filed by Stipendiary Steward, Mr P Williams against Licensed Open Horseman, Mr J Cox, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Rule 869(2) reads as follows:
869 (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.
Whip Regulation (b) reads as follows;
(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 Cox had endorsed the information that the breach was admitted which he confirmed to the hearing. Mr Cox also confirmed that he understood the rule and Whip Guideline (b) under which the charge was brought.
Mr Williams gave evidence and showed video replays of the final 400m. He pointed out Mr Cox driving I AM ADALINE, positioned in the lead as the field approached the home turn. Inside the 400m, Mr Cox drew the whip and used it on 12 occasions prior to the finish line.
Mr Cox did not dispute the number of strikes, said that the horse did respond to the whip and that a couple of the strikes were on the shaft.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Cox had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Williams stated that Mr Cox had a previous breach on 24 December 2019 at Ashburton where he received a 5-day suspension. He stated that the reset period for a breach of this rule was 6 months, which was in 2 weeks’ time, or 200 drives. Mr Williams added that Mr Cox had driven on 173 occasions since that breach and apart from the suspension of racing due to the lockdown with Covid 19, Mr Cox would normally have driven well in excess of the 200-drive reset. Mr Williams submitted that after taking those factors into consideration, this breach could be dealt with as a first offence as per the JCA Penalty Guide sliding scale of a 11 to 13 strike offence, which provides a $200 fine.
Mr Cox stated that a fine considering the factors submitted was fair.
reasonsforpenalty:
The Committee took into consideration the factors, as above, submitted by Mr Williams and agreed that this breach could be dealt with as a first offence under the penalty sliding scale. The Penalty Guide provides a fine of $200, under the sliding scale, for an 11 to 13 strike offence, under this rule. We therefore determined that as per the sliding scale, a $200 fine was an appropriate penalty.
penalty:
Accordingly, Mr Cox is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)-Whip Regulation (b)
Informant: P Williams-Stipendiary Steward
JockeysandTrainer: J Cox -Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5e391ecaf1c9b3c62e1afbf748e352ee
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3a1a2b12a3ae16e76d320a69ec4ac16b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/06/2020
meet_title: NZ Metro TC - 7 June 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: NZ Metro TC