NZ Metropolitan TC – 20 December 2019 – R 8 – Chair, Mr R McKenzie
ID: JCA17192
Meet Title:
NZ Metro TC - 20 December 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
OJarvis
Meet Committee Member 2:
SChing
Race Date:
2019/12/20
Race Number:
R8
Decision:
Miss Lewis having admitted the charge, it is found proved.
Penalty:
Miss Lewis is fined the sum of $300.
Facts:
Following the running Race 8, McArthur Ridge Central Otago Pinot Noir (Junior Drivers) Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Miss M T Lewis, alleging that Miss Lewis, as the driver of BURLINGTON in the race, “used her whip on more occasions than permitted by Clause (b) the Use of the Whip Regulations”.
Miss Lewis had signed the Statement by the Respondent on the Information form indicating that she admitted the charge. She confirmed this at the hearing, at which she was present.
Asked by the Committee, Miss Lewis said she waived assistance from a senior horseman but stated that she had viewed the video replay with Licensed Open Driver, Mr N Purdon, prior to entering her plea to the charge.
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 video replays of the final 400 metres of the race. He pointed out BURLINGTON, driven by Miss Lewis, in the lead on the markers as the field turned into the home straight. He said that Stewards had counted that Miss Lewis had used her whip 16 times in the final 400 metres, and he demonstrated this on the video replays. The breach was in the mid-range, Mr Renault submitted.
Miss Lewis accepted the alleged count of 16 strikes.
Miss Lewis agreed that she had used her whip too many times and she did not wish to make excuses, she said.
Submissions for Penalty:
Mr Renault told the Committee that Miss Lewis has had 20 drives this season and, last season, had 66 drives. She has a clear record, Mr Renault said. He referred to the sliding scale of penalties under the Use of the Whip Regulations. The prescribed penalty for a breach involving a number of strikes in the range of 14-16 strikes is $300, and he submitted that that was the appropriate penalty in this instance, the number of proven strikes being 16.
Reasons for Penalty:
The Committee having found that Miss Lewis had used her whip 16 times in breach of the rule and the regulations, the penalty prescribed under the regulations is a fine of $300. There are no aggravating or mitigating factors to warrant a departure from the prescribed fine of $300.
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: e8054c3f539049daa6dd390e10ee51a6
informantnumber: A12353
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 23/12/2019
hearing_title: NZ Metropolitan TC - 20 December 2019 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running Race 8, McArthur Ridge Central Otago Pinot Noir (Junior Drivers) Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Miss M T Lewis, alleging that Miss Lewis, as the driver of BURLINGTON in the race, “used her whip on more occasions than permitted by Clause (b) the Use of the Whip Regulations”.
Miss Lewis had signed the Statement by the Respondent on the Information form indicating that she admitted the charge. She confirmed this at the hearing, at which she was present.
Asked by the Committee, Miss Lewis said she waived assistance from a senior horseman but stated that she had viewed the video replay with Licensed Open Driver, Mr N Purdon, prior to entering her plea to the charge.
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 video replays of the final 400 metres of the race. He pointed out BURLINGTON, driven by Miss Lewis, in the lead on the markers as the field turned into the home straight. He said that Stewards had counted that Miss Lewis had used her whip 16 times in the final 400 metres, and he demonstrated this on the video replays. The breach was in the mid-range, Mr Renault submitted.
Miss Lewis accepted the alleged count of 16 strikes.
Miss Lewis agreed that she had used her whip too many times and she did not wish to make excuses, she said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Lewis having admitted the charge, it is found proved.
sumissionsforpenalty:
Mr Renault told the Committee that Miss Lewis has had 20 drives this season and, last season, had 66 drives. She has a clear record, Mr Renault said. He referred to the sliding scale of penalties under the Use of the Whip Regulations. The prescribed penalty for a breach involving a number of strikes in the range of 14-16 strikes is $300, and he submitted that that was the appropriate penalty in this instance, the number of proven strikes being 16.
reasonsforpenalty:
The Committee having found that Miss Lewis had used her whip 16 times in breach of the rule and the regulations, the penalty prescribed under the regulations is a fine of $300. There are no aggravating or mitigating factors to warrant a departure from the prescribed fine of $300.
penalty:
Miss Lewis is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)& Use of the Whip Regulations
Informant: Mr NM Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Miss MT Lewis - Licensed Junior Driver
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9e4549a38331546a66d5415376017a48
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0bfaca3cc90c37be65be30f187b0a22b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/12/2019
meet_title: NZ Metro TC - 20 December 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: OJarvis
meet_pm2: SChing
name: NZ Metro TC