NZ Metro TC 9 August 2011 – R 4
ID: JCA16549
Meet Title:
NZ Metro TC - 9 August 2011
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/08/09
Race Number:
R4
Decision:
As Mrs Cowan had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
On resuming the hearing we gave our reasons and advised that Mrs Cowan was fined the sum of $200.
Charge:
Alleged unnecessary use of the whip.
Facts:
Following the running of Race 4, the Paul Renwick Kitchen & Joinery Centre Pace, an Information was filed by Stipendiary Steward Mr SP Renault against Graduation Horsewoman Mrs VA Cowan alleging a breach of Rule 869(2)(a) in that she used her 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 while driving “SMOKIN HOT SALMA” over the concluding stages.”
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:
Mrs Cowan had indicated on the Information that this breach of the Rules was admitted, and she also agreed that she understood the charge and the Rule it was brought under.
Mr Renault gave evidence and used video coverage to show that Mrs Cowan’s horse was in last place at the 400m and clearly not improving. Mrs Cowan used her whip on at least 10 occasions from the 400m when the horse was not in contention.
Mrs Cowan explained that she believed that “SMOKEN HOT SALMA” had pulled up and switched off when other runners around her horse began to give ground and that she was attempting to encourage the horse to run on.
Submissions for Penalty:
In relation to penalty Mr Renault advised that Mrs Cowan had not previously breached this Rule and had readily admitted the breach at the first opportunity. Mr Renault advised that Mrs Cowan had a career total of 43 drives. Mr Renault submitted that a fine in the vicinity of $300 be imposed in this case.
Mrs Cowan in submissions stated her good record should be taken into consideration.
We adjourned to consider the question of penalty.
Reasons for Penalty:
We took into account that Mrs Cowan had admitted this breach, had a clear record in regard to this Rule and her level of experience having had 43 career drives in total. 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)
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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: c48c8a86d0899eb4dfa6e8bf834161d0
informantnumber: 66842
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 25/08/2011
hearing_title: NZ Metro TC 9 August 2011 - R 4
charge:
Alleged unnecessary use of the whip.
facts:
Following the running of Race 4, the Paul Renwick Kitchen & Joinery Centre Pace, an Information was filed by Stipendiary Steward Mr SP Renault against Graduation Horsewoman Mrs VA Cowan alleging a breach of Rule 869(2)(a) in that she used her 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 while driving “SMOKIN HOT SALMA” over the concluding stages.”
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:
Mrs Cowan had indicated on the Information that this breach of the Rules was admitted, and she also agreed that she understood the charge and the Rule it was brought under.
Mr Renault gave evidence and used video coverage to show that Mrs Cowan’s horse was in last place at the 400m and clearly not improving. Mrs Cowan used her whip on at least 10 occasions from the 400m when the horse was not in contention.
Mrs Cowan explained that she believed that “SMOKEN HOT SALMA” had pulled up and switched off when other runners around her horse began to give ground and that she was attempting to encourage the horse to run on.
reasonsfordecision:
Decision:
As Mrs Cowan had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr Renault advised that Mrs Cowan had not previously breached this Rule and had readily admitted the breach at the first opportunity. Mr Renault advised that Mrs Cowan had a career total of 43 drives. Mr Renault submitted that a fine in the vicinity of $300 be imposed in this case.
Mrs Cowan in submissions stated her good record should be taken into consideration.
We adjourned to consider the question of penalty.
reasonsforpenalty:
We took into account that Mrs Cowan had admitted this breach, had a clear record in regard to this Rule and her level of experience having had 43 career drives in total. 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 Mrs Cowan was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer: Mrs VA Cowan - Graduation Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 595e6be10f2035a5f975a9101ee4838f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3295e9fcacf5050728c310b6a7d818f5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/08/2011
meet_title: NZ Metro TC - 9 August 2011
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