NZ Metro TC 8 November 2011 -R 10
ID: JCA17781
Meet Title:
NZ Metro TC - 8 November 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/11/08
Race Number:
R 10
Decision:
The charge was found to be proved.
Penalty:
Mr Justice was fined the sum of $400-00.
Charge:
Excessive whip use.
Facts:
Following the running of Race 10, the Christchurch Casino New Zealand Trotting Cup, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr L. Justice alleging a breach of Rule 869(2)(a) in that he used his whip excessively when driving “Smoken Up” (16).
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) you used your whip to excess on “Smoken Up”.
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 Justice had indicated on the Information that this breach of the Rules was not admitted. When asked to confirm this Mr Justice was non-committal, and we decided that the hearing would proceed on the basis that the charge was not admitted, with Mr Justice to be given the opportunity to review his plea when the evidence had been heard. Mr Justice did agree that he understood the charge and the Rule it was brought under.
Prior to giving evidence Mr McIntyre read the “Use of Whip” guidelines.
Mr McIntyre gave evidence and used video coverage to show that Mr Justice had started to use his whip when well into the home straight. The whip was used in excess of 20 occasions, and in a quick fire manner, with such use being continuous.
Mr Justice did not dispute the number of times he had used his whip. He said that the Australian whip rules allowed for such use, so long as the driver continued to hold the reins in both hands. Mr Justice also said that the strikes were not forceful.
After giving his evidence we read part of “Use of Whip” guidelines, as follows – “….no horseman shall use the whip continuously at any time during a race and there must be distinct pauses between the whip being used or the use of the whip shall be interrupted by alternative acceptable actions”.
After giving his evidence Mr Justice elected to admit this breach.
Reasons for Decision:
As Mr Justice had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr McIntyre advised that Mr Justice had not breached this Rule in the last 12 months, and had admitted the breach. On the other hand this was a Group one race with a stake of $600,000-00. Mr McIntyre submitted that a fine of $500-00 should be imposed.
Mr Justice made submissions that the strikes with the whip had not been forceful.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
After considering the submissions on penalty we took into account that Mr Justice had not breached this Rule in the last 12 months, and that he had admitted the breach. On the other hand this was New Zealand’s premier group one race with a stake of $600,000-00. We also accept that the strikes with the whip were not forceful, and that the breach was at the lower end of the scale.
Taking all the above matters into account we decided that a fine of $400-00 would 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: ecfaf1c1b5220a614d45d52861cc5fc3
informantnumber: A1022
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 04/11/2011
hearing_title: NZ Metro TC 8 November 2011 -R 10
charge:
Excessive whip use.
facts:
Following the running of Race 10, the Christchurch Casino New Zealand Trotting Cup, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr L. Justice alleging a breach of Rule 869(2)(a) in that he used his whip excessively when driving “Smoken Up” (16).
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) you used your whip to excess on “Smoken Up”.
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 Justice had indicated on the Information that this breach of the Rules was not admitted. When asked to confirm this Mr Justice was non-committal, and we decided that the hearing would proceed on the basis that the charge was not admitted, with Mr Justice to be given the opportunity to review his plea when the evidence had been heard. Mr Justice did agree that he understood the charge and the Rule it was brought under.
Prior to giving evidence Mr McIntyre read the “Use of Whip” guidelines.
Mr McIntyre gave evidence and used video coverage to show that Mr Justice had started to use his whip when well into the home straight. The whip was used in excess of 20 occasions, and in a quick fire manner, with such use being continuous.
Mr Justice did not dispute the number of times he had used his whip. He said that the Australian whip rules allowed for such use, so long as the driver continued to hold the reins in both hands. Mr Justice also said that the strikes were not forceful.
After giving his evidence we read part of “Use of Whip” guidelines, as follows – “….no horseman shall use the whip continuously at any time during a race and there must be distinct pauses between the whip being used or the use of the whip shall be interrupted by alternative acceptable actions”.
After giving his evidence Mr Justice elected to admit this breach.
reasonsfordecision:
As Mr Justice had admitted this breach 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 McIntyre advised that Mr Justice had not breached this Rule in the last 12 months, and had admitted the breach. On the other hand this was a Group one race with a stake of $600,000-00. Mr McIntyre submitted that a fine of $500-00 should be imposed.
Mr Justice made submissions that the strikes with the whip had not been forceful.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
After considering the submissions on penalty we took into account that Mr Justice had not breached this Rule in the last 12 months, and that he had admitted the breach. On the other hand this was New Zealand’s premier group one race with a stake of $600,000-00. We also accept that the strikes with the whip were not forceful, and that the breach was at the lower end of the scale.
Taking all the above matters into account we decided that a fine of $400-00 would be imposed in this case.
penalty:
Mr Justice was fined the sum of $400-00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr NG McIntyre - Stipendiary Steward
JockeysandTrainer: Mr L Justice - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 44c5c8728926bc9de2fa6c8a8819bace
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ddac6b2b022673d033e412219c63d1e6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/11/2011
meet_title: NZ Metro TC - 8 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC