NZ Metropolitan TC – 7 July 2017 – R5 Chair Mr R McKenzie
ID: JCA10562
Meet Title:
NZ Metro TC - 7 July 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DJackson
Race Date:
2017/07/07
Race Number:
R5
Decision:
Miss Lester having admitted the breach, the charge was found proved.
Penalty:
Miss Lester’s Junior Driver’s licence was suspended from the conclusion of racing today up to and including 21 July 2017 – 3 days. The meetings intended to be encompassed by the period of suspension are NZ Metropolitan TC on 14 July, Ashburton TC on 16 July and NZ Metropolitan TC on 21 July 2017. Miss Lester was not engaged to drive at the meeting of Rangiora HRC on 9 July.
Facts:
Following the running of Race 5, Darren DeFilippi Memorial (Junior Drivers) Handicap Trot, an information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Junior Driver, Miss LA Lester, alleging that, as the driver of HE’S LIKE THE WIND in the race, she “used her whip in an excessive manner over the final 400 metres”.
Miss Lester had left the course but agreed to the hearing of the charge by telephone call. Miss Lester, a junior driver, stated that she had viewed a replay of her whip use over the final stages and did not require advice or assistance from a senior driver relating to the charge. The charge was read and explained to Miss Lester and she indicated that she admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Renault showed to the hearing a video replay of the final 400 metres of the race. He pointed out Miss Lester, driving HE’S LIKE THE WIND, in midfield and the widest of runners as the field entered the final straight. Shortly thereafter, Miss Lester commenced using her whip and from that point, Mr Renault alleged, Miss Lester used her whip in her right hand and free of the rein, on 12 or 13 occasions. That included two or three backhand strikes, Mr Renault said.
Miss Lester accepted that she had used the whip on the number of occasions alleged by Mr Renault. The Committee noted that HE’S LIKE THE WIND had finished in 2nd placing, a neck from the winner.
Miss Lester explained that the race was a prestigious race that all junior drivers aspired to win – herself particularly, as she worked for the DeFilippi stable. However, she accepted that that fact did not justify her using her whip excessively.
Submissions for Penalty:
Mr Renault informed the Committee that Miss Lester had been fined $300 for excessive use of the whip at the meeting of New Zealand Metropolitan Trotting Club on 21 April 2017. He told the Committee that Miss Lester has had 35 drives to date this season and last season had a total of 36 drives. Miss Lester is now starting to drive on a more regular basis, Mr Renault said, probably 1-2 drives per meeting. He submitted that, having regard to Miss Lester’s admission of the breach, a suspension for 3 meetings would be appropriate.
Miss Lester accepted that a suspension was inevitable and said that 3 days was fair.
Reasons for Penalty:
In determining penalty, the Committee took the starting point for a second breach within 6 months of a 4 day suspension. That starting point was based on Miss Lester having only 1-2 drives per meeting. The breach, in the Committee’s view, was in the mid-range and, therefore, a neutral factor. The sole mitigating factor was Miss Lester’s admission of the breach, although somewhat inevitable. The Committee was, however, of the view that her admission of the breach warranted a discount of 1 day from the starting point.
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: 0b22b12cfb39d1bacca0807064d3b8fc
informantnumber: A09617
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 11/07/2017
hearing_title: NZ Metropolitan TC - 7 July 2017 - R5 Chair Mr R McKenzie
charge:
facts:
Following the running of Race 5, Darren DeFilippi Memorial (Junior Drivers) Handicap Trot, an information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Junior Driver, Miss LA Lester, alleging that, as the driver of HE’S LIKE THE WIND in the race, she “used her whip in an excessive manner over the final 400 metres”.
Miss Lester had left the course but agreed to the hearing of the charge by telephone call. Miss Lester, a junior driver, stated that she had viewed a replay of her whip use over the final stages and did not require advice or assistance from a senior driver relating to the charge. The charge was read and explained to Miss Lester and she indicated that she admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Renault showed to the hearing a video replay of the final 400 metres of the race. He pointed out Miss Lester, driving HE’S LIKE THE WIND, in midfield and the widest of runners as the field entered the final straight. Shortly thereafter, Miss Lester commenced using her whip and from that point, Mr Renault alleged, Miss Lester used her whip in her right hand and free of the rein, on 12 or 13 occasions. That included two or three backhand strikes, Mr Renault said.
Miss Lester accepted that she had used the whip on the number of occasions alleged by Mr Renault. The Committee noted that HE’S LIKE THE WIND had finished in 2nd placing, a neck from the winner.
Miss Lester explained that the race was a prestigious race that all junior drivers aspired to win – herself particularly, as she worked for the DeFilippi stable. However, she accepted that that fact did not justify her using her whip excessively.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Lester having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Miss Lester had been fined $300 for excessive use of the whip at the meeting of New Zealand Metropolitan Trotting Club on 21 April 2017. He told the Committee that Miss Lester has had 35 drives to date this season and last season had a total of 36 drives. Miss Lester is now starting to drive on a more regular basis, Mr Renault said, probably 1-2 drives per meeting. He submitted that, having regard to Miss Lester’s admission of the breach, a suspension for 3 meetings would be appropriate.
Miss Lester accepted that a suspension was inevitable and said that 3 days was fair.
reasonsforpenalty:
In determining penalty, the Committee took the starting point for a second breach within 6 months of a 4 day suspension. That starting point was based on Miss Lester having only 1-2 drives per meeting. The breach, in the Committee’s view, was in the mid-range and, therefore, a neutral factor. The sole mitigating factor was Miss Lester’s admission of the breach, although somewhat inevitable. The Committee was, however, of the view that her admission of the breach warranted a discount of 1 day from the starting point.
penalty:
Miss Lester’s Junior Driver’s licence was suspended from the conclusion of racing today up to and including 21 July 2017 – 3 days. The meetings intended to be encompassed by the period of suspension are NZ Metropolitan TC on 14 July, Ashburton TC on 16 July and NZ Metropolitan TC on 21 July 2017. Miss Lester was not engaged to drive at the meeting of Rangiora HRC on 9 July.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr SP Renault – Stipendiary Steward
JockeysandTrainer: Miss LA Lester - Licensed Junior Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2dcf20439b47f161ad39c41db2ef3637
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 63d7627e4663613bba6c9b3a85497494
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/07/2017
meet_title: NZ Metro TC - 7 July 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DJackson
meet_pm2: none
name: NZ Metro TC