NZ Metrololitan TC 20 July 2018 – R 1 (heard 3 August 2018 at Addington) – Chair, Mr S Ching
ID: JCA20939
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 20 July 2018
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/07/20
Race Number:
R1
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr N Ydgren - Chief Stipendiary Steward
Name: Mr P Wallace - Advanced Amateur Horseman
Meeting: New Zealand Metropolitan Trotting Club
Date: 20 July 2018 (heard 3 August 2018 at Addington)
Venue: Addington
Race No: 1
Rule: 869(2) and Use of the Whip Regulations (b)
Judicial Committee: Mr S Ching, Chairman – Ms H Weston, Committee Member
Charge: Excessive use of the whip
Plea: Denied
Evidence:
This was an adjourned information from the NZMTC meeting on 20 July and heard at the NZMTC meeting on 3 August 2018.
Following the running of Race 1, Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur Drivers) Mobile Pace, on 20 July 2018, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Advanced Amateur Horseman, Mr P Wallace, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner inside the 400m.
Rule 869(2) reads 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.
Use of the Whip Regulations provides:
(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 Wallace had endorsed the information that the breach was denied which he confirmed at the hearing. He also confirmed he understood the rule and Whip Regualtion he was being charged with.
Submissions for Decision:
Mr Ydgren gave evidence and showed video replays of the final 400m. He pointed out Mr Wallace driving JOEY MAGUIRE, positioned in the trail, as the field turned for home, inside the 400m. Mr Ydgren showed Mr Wallace, after turning for home, shifting down into the passing lane and activated the horses deafeners. He stated that Mr Wallace got quite vigorous after activating this gear and used the whip on 17 to 18 occasions. Mr Ydgren said that then there was a brief pause followed by use of the whip around the tail in a circular motion which the Stewards were not too concerned with.
Mr Wallace stated that the horse had “not been trying very much” in its races. He said that coming up to the passing lane he knew he was allowed 10 strikes of the whip prior to the line. Mr Wallace stated that he struck the horse vigorously 8 to 9 times to get the horses momentum going. He said that after these first 8 to 9 strikes on the horse he rolled the hand with his whip action which was flicking the horse under the tail, which he continued to do to the line. Mr Wallace said that every alleged strike after the first 8 to 9 strikes were under the tail in a rolling action.
Reasons for Decision:
We carefully considered all evidence submitted by Mr Ydgren and Mr Wallace in conjunction with all available films. Regulation(b) of the Whip Regulations states that a driver must not use their whip in a striking motion on more than 10 occasions inside the final 400m. The films were compelling and clearly showed Mr Wallace using his whip in a striking motion on 17 to 18 occasions inside the final 400m as alleged by the Stewards. The films also showed a clear change in whip action after the 17 to 18 strikes and brief pause, which was when Mr Wallace was using his whip in a circular motion under the tail, as stated by Mr Ydgren. We were satisfied that Mr Wallace had used his whip in a striking motion on 17 to 18 occasions over the final 400m and therefore found the charge proved.
Decision:
The charge was found to be proved.
Submissions on Penalty:
Mr Ydgren stated that Mr Wallace had a clear record however the penalties as set out in the Whip Regulations Sliding Scale for 1st offence whip breaches provides a $500 fine for 17 plus strikes inside the final 400m. He submitted that as per the Sliding Scale, a $500 fine be imposed.
Mr Wallace requested that a suspension be considered as penalty. Mr Ydgren, in response, stated that a suspension would be too long for an Amateur Driver and that all drivers were fully aware of the sliding scale of fines for a first offence and a suspension was the starting point of a 3-day suspension for a second breach within a 6-month period.
Reasons for Penalty:
The penalties set out in the Use of the Whip Regulations provides a starting point of a $500 fine, mitigation inclusive, on the Sliding Scale for a first offence of 17 or more strikes. The first offence Sliding Scale of fines are just that and we were not prepared to consider a suspension in this case. There were no aggravating factors to consider so no uplift in penalty was warranted.
The Committee therefore determined that a fine under the Sliding Scale of Penalties of $500 for 17 plus strikes was an appropriate penalty in this case.
Penalty:
Accordingly, Mr Wallace is fined the sum of $500.
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: 80dfadfa944c08473313cd1fc27ad223
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 20/07/2018
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metrololitan TC 20 July 2018 - R 1 (heard 3 August 2018 at Addington) - Chair, Mr S Ching
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr N Ydgren - Chief Stipendiary Steward
Name: Mr P Wallace - Advanced Amateur Horseman
Meeting: New Zealand Metropolitan Trotting Club
Date: 20 July 2018 (heard 3 August 2018 at Addington)
Venue: Addington
Race No: 1
Rule: 869(2) and Use of the Whip Regulations (b)
Judicial Committee: Mr S Ching, Chairman – Ms H Weston, Committee Member
Charge: Excessive use of the whip
Plea: Denied
Evidence:
This was an adjourned information from the NZMTC meeting on 20 July and heard at the NZMTC meeting on 3 August 2018.
Following the running of Race 1, Bishopdale/Bush Inn TAB’s & Tavern Harewood (Amateur Drivers) Mobile Pace, on 20 July 2018, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Advanced Amateur Horseman, Mr P Wallace, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner inside the 400m.
Rule 869(2) reads 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.
Use of the Whip Regulations provides:
(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 Wallace had endorsed the information that the breach was denied which he confirmed at the hearing. He also confirmed he understood the rule and Whip Regualtion he was being charged with.
Submissions for Decision:
Mr Ydgren gave evidence and showed video replays of the final 400m. He pointed out Mr Wallace driving JOEY MAGUIRE, positioned in the trail, as the field turned for home, inside the 400m. Mr Ydgren showed Mr Wallace, after turning for home, shifting down into the passing lane and activated the horses deafeners. He stated that Mr Wallace got quite vigorous after activating this gear and used the whip on 17 to 18 occasions. Mr Ydgren said that then there was a brief pause followed by use of the whip around the tail in a circular motion which the Stewards were not too concerned with.
Mr Wallace stated that the horse had “not been trying very much” in its races. He said that coming up to the passing lane he knew he was allowed 10 strikes of the whip prior to the line. Mr Wallace stated that he struck the horse vigorously 8 to 9 times to get the horses momentum going. He said that after these first 8 to 9 strikes on the horse he rolled the hand with his whip action which was flicking the horse under the tail, which he continued to do to the line. Mr Wallace said that every alleged strike after the first 8 to 9 strikes were under the tail in a rolling action.
Reasons for Decision:
We carefully considered all evidence submitted by Mr Ydgren and Mr Wallace in conjunction with all available films. Regulation(b) of the Whip Regulations states that a driver must not use their whip in a striking motion on more than 10 occasions inside the final 400m. The films were compelling and clearly showed Mr Wallace using his whip in a striking motion on 17 to 18 occasions inside the final 400m as alleged by the Stewards. The films also showed a clear change in whip action after the 17 to 18 strikes and brief pause, which was when Mr Wallace was using his whip in a circular motion under the tail, as stated by Mr Ydgren. We were satisfied that Mr Wallace had used his whip in a striking motion on 17 to 18 occasions over the final 400m and therefore found the charge proved.
Decision:
The charge was found to be proved.
Submissions on Penalty:
Mr Ydgren stated that Mr Wallace had a clear record however the penalties as set out in the Whip Regulations Sliding Scale for 1st offence whip breaches provides a $500 fine for 17 plus strikes inside the final 400m. He submitted that as per the Sliding Scale, a $500 fine be imposed.
Mr Wallace requested that a suspension be considered as penalty. Mr Ydgren, in response, stated that a suspension would be too long for an Amateur Driver and that all drivers were fully aware of the sliding scale of fines for a first offence and a suspension was the starting point of a 3-day suspension for a second breach within a 6-month period.
Reasons for Penalty:
The penalties set out in the Use of the Whip Regulations provides a starting point of a $500 fine, mitigation inclusive, on the Sliding Scale for a first offence of 17 or more strikes. The first offence Sliding Scale of fines are just that and we were not prepared to consider a suspension in this case. There were no aggravating factors to consider so no uplift in penalty was warranted.
The Committee therefore determined that a fine under the Sliding Scale of Penalties of $500 for 17 plus strikes was an appropriate penalty in this case.
Penalty:
Accordingly, Mr Wallace is fined the sum of $500.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2) and Use of Whip Regulations (b)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b996a0fa0b5f25d03cc22bb22053d01d
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race_emailed1: 0
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race_title: R1
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meetdate: 20/07/2018
meet_title: NZ Metro TC - 20 July 2018
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meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
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name: NZ Metro TC