NZ Metropolitan TC 21 December 2018 – R 9 – Chair, Mr R McKenzie
ID: JCA14725
Meet Title:
NZ Metro TC - 21 December 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
HWeston
Race Date:
2018/12/21
Race Number:
R9
Decision:
Mr O’Reilly having admitted the breach, the charge was found proved.
Penalty:
Mr O’Reilly is fined the sum of $200.
Facts:
Following the running of Race 9, Airpark Canterbury Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Open Driver, Mr GD O’Reilly, alleging that, as the driver of BETTOR GETTA LOVER in the race, he “used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations”.
Mr O’Reilly had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he confirmed this at the hearing.
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 Ydgren showed video replays of the final 400 metres of the race. He pointed out BETTOR GETTA LOVER, driven by Mr O’Reilly, racing in the trail behind the leader as the field entered the final straight. Shortly thereafter, the horse took the passing lane and the allegation of the Stewards was that Mr O’Reilly had used his whip, in a striking motion, on 12 occasions from that point to the finishing line. The Committee noted that BETTOR GETTA LOVER finished in 3rd placing, the margins being a neck and a nose.
Mr O’Reilly accepted the alleged count.
Mr O’Reilly said that the horse had hung out early in the run home and he had used his whip on a couple of occasions to try to keep it running straight. He then used his whip, mixed with use of the reins. The horse was a “non-trying horse”. It had run up to win the race and had “knocked off” 50 metres from the finish, Mr O’Reilly said. He had felt obligated to keep driving the horse out to the finish, he said.
Submissions for Penalty:
Mr Ydgren told the Committee that, on 24 June 2018, Mr O’Reilly had been fined $300 for a breach of the Rule. That particular drive was 132 drives ago, so the 200-drives reset does not apply, Mr Ydgren said. However, the present breach is three days inside the period specified in the Regulations before Mr O’Reilly’s record would have been reset. Stewards were seeking a 3-days suspension in term of the Penalty Guide, for a second breach of the Rule within 6 months. Mr Ydgren pointed out that there was a significant difference between a $200 fine, were Mr O’Reilly’s record to be considered clear, and a 3-days suspension if this breach is regarded as a second breach within 6 months. Mr Ydgren said that the strikes were broken up and there was no issue with the force. He conceded that Mr O’Reilly had been taken by surprise when the horse had burst through looking likely to win and then slowed near the finish. The breach was low-end, Mr Ydgren said.
Mr O’Reilly submitted that the horse had put him in a “difficult position” in the last 100 metres. This was a busy time of the year and there were many driving opportunities available.
The hearing concluded with an examination of the upcoming meetings at which Mr O’Reilly would be likely to drive.
Reasons for Penalty:
Mr O’Reilly had a previous breach of the whip Rule on 24 June 2018 when he received a fine of $300 at Blenheim. Significantly, an automatic “reset” of his record would have applied on 24 December next – 3 days after today’s meeting. Notwithstanding the imminent reset of Mr O’Reilly’s record, the Stewards sought a period of suspension. Mr Ydgren told the Committee that, since the breach on 24 June, Mr O’Reilly has had 132 drives. A driver’s record resets after 200 drives if that number of drives is reached before the reset period of 6 months applies, he said.
After giving consideration to the matter, the Committee decided that it would be fair to Mr O’Reilly to apply some common sense and regard the “reset period”, although on a strict interpretation being not applicable, as having application. As mentioned, the reset of his record would have applied on 24 December. The effect of taking the 6 months period as having been reset is that Mr O’Reilly’s record is to be regarded as being a clear one for the purposes of penalty and, therefore, this breach is to be treated as a first offence. A first offence in the range of 11-13 strikes incurs a fine of $200 in terms of the Penalty Guide.
The Committee’s assessment of the breach, as was Mr Ydgren’s, is that it was low-end. The number of strikes was not high, they were not punishing and they were broken up to a large extent. The fact that Mr O’Reilly has had 132 drives since the previous breach is also a material factor. He is clearly a busy driver and his record is not a bad one. To have applied the reset period strictly in this case would have resulted , in all likelihood, in a 3-day suspension for Mr O’Reilly which would have been excessive in all of the circumstances.
JCA Decision Fields (raw)
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hearingid: 74a9b6231165a68db45ddc3f40ef9d1f
informantnumber: A10197
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 24/12/2018
hearing_title: NZ Metropolitan TC 21 December 2018 - R 9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, Airpark Canterbury Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Open Driver, Mr GD O’Reilly, alleging that, as the driver of BETTOR GETTA LOVER in the race, he “used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations”.
Mr O’Reilly had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he confirmed this at the hearing.
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 Ydgren showed video replays of the final 400 metres of the race. He pointed out BETTOR GETTA LOVER, driven by Mr O’Reilly, racing in the trail behind the leader as the field entered the final straight. Shortly thereafter, the horse took the passing lane and the allegation of the Stewards was that Mr O’Reilly had used his whip, in a striking motion, on 12 occasions from that point to the finishing line. The Committee noted that BETTOR GETTA LOVER finished in 3rd placing, the margins being a neck and a nose.
Mr O’Reilly accepted the alleged count.
Mr O’Reilly said that the horse had hung out early in the run home and he had used his whip on a couple of occasions to try to keep it running straight. He then used his whip, mixed with use of the reins. The horse was a “non-trying horse”. It had run up to win the race and had “knocked off” 50 metres from the finish, Mr O’Reilly said. He had felt obligated to keep driving the horse out to the finish, he said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr O’Reilly having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren told the Committee that, on 24 June 2018, Mr O’Reilly had been fined $300 for a breach of the Rule. That particular drive was 132 drives ago, so the 200-drives reset does not apply, Mr Ydgren said. However, the present breach is three days inside the period specified in the Regulations before Mr O’Reilly’s record would have been reset. Stewards were seeking a 3-days suspension in term of the Penalty Guide, for a second breach of the Rule within 6 months. Mr Ydgren pointed out that there was a significant difference between a $200 fine, were Mr O’Reilly’s record to be considered clear, and a 3-days suspension if this breach is regarded as a second breach within 6 months. Mr Ydgren said that the strikes were broken up and there was no issue with the force. He conceded that Mr O’Reilly had been taken by surprise when the horse had burst through looking likely to win and then slowed near the finish. The breach was low-end, Mr Ydgren said.
Mr O’Reilly submitted that the horse had put him in a “difficult position” in the last 100 metres. This was a busy time of the year and there were many driving opportunities available.
The hearing concluded with an examination of the upcoming meetings at which Mr O’Reilly would be likely to drive.
reasonsforpenalty:
Mr O’Reilly had a previous breach of the whip Rule on 24 June 2018 when he received a fine of $300 at Blenheim. Significantly, an automatic “reset” of his record would have applied on 24 December next – 3 days after today’s meeting. Notwithstanding the imminent reset of Mr O’Reilly’s record, the Stewards sought a period of suspension. Mr Ydgren told the Committee that, since the breach on 24 June, Mr O’Reilly has had 132 drives. A driver’s record resets after 200 drives if that number of drives is reached before the reset period of 6 months applies, he said.
After giving consideration to the matter, the Committee decided that it would be fair to Mr O’Reilly to apply some common sense and regard the “reset period”, although on a strict interpretation being not applicable, as having application. As mentioned, the reset of his record would have applied on 24 December. The effect of taking the 6 months period as having been reset is that Mr O’Reilly’s record is to be regarded as being a clear one for the purposes of penalty and, therefore, this breach is to be treated as a first offence. A first offence in the range of 11-13 strikes incurs a fine of $200 in terms of the Penalty Guide.
The Committee’s assessment of the breach, as was Mr Ydgren’s, is that it was low-end. The number of strikes was not high, they were not punishing and they were broken up to a large extent. The fact that Mr O’Reilly has had 132 drives since the previous breach is also a material factor. He is clearly a busy driver and his record is not a bad one. To have applied the reset period strictly in this case would have resulted , in all likelihood, in a 3-day suspension for Mr O’Reilly which would have been excessive in all of the circumstances.
penalty:
Mr O’Reilly is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(b)and Use of the Whip Regulation
Informant: Mr NM Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr GD O'Reilly - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d658f6bb65ceb19d83ead2fef62d2e71
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1d1fb494356f8dac67e103f20be725c7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/12/2018
meet_title: NZ Metro TC - 21 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: HWeston
meet_pm2: none
name: NZ Metro TC