Archive Decision

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NZ Metropolitan TC 8 April 2011 – R8

ID: JCA12552

Applicant:
N G McIntyre, Stipendiary Steward

Respondent(s):
G Hall, Licensed Horseman (Australia)

Information Number:
69034

Hearing Type:
Hearing

Rules:
Rule 869 (2) (a)

Plea:
admitted

Meet Title:
NZ Metro TC - 8 April 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
JPhelan

Meet Committee Member 2:
BScott

Race Date:
2011/04/08

Race Number:
R8

Decision:

The charge was found proved.

Penalty:

Mr Hall was fined the sum of $500.

Charge:

Following the running of Race 8, SKYCITY-Inter Dominion Pacing Championship Grand Final, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Horseman (Australia), Mr G Hall, alleging a breach of Rule 869 (2) (a) in that Mr Hall, as the driver of THEMIGHTYQUINN in the race, “used his whip excessively”.
Mr Hall was present at the hearing of the information and he indicated that he 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.

Facts:

Mr C George, Chief Stipendiary Steward, informed the Committee that THEMIGHTYQUINN had been placed 2nd in the race earning a stake of $120,000. He showed video replays of the final 200-300 metres of the race. He submitted that it was evident that Mr Hall had used his whip in excess of 20 times which, the Stewards considered, was excessive. Mr Hall did not dispute the number of strikes submitted by Mr George.

Submissions for Penalty:

Mr George submitted that it was a clear breach of the Rule. He further submitted that a deterrent penalty should be imposed. He submitted that a monetary penalty was appropriate but it should reflect the status of the race. A fine of not less than $500 was appropriate, he submitted.
Mr Hall told the Committee that the whip Rule is different in Australia. He admitted that he had been fined $350 for excessive use of the whip in the Auckland Cup on 11 March 2011. Mr Hall said that, in a race like the Inter Dominion Final, it was not even in the back of his mind to count the number of times he was using the whip.

Reasons for Penalty:

In arriving at an appropriate penalty the Committee took into account Mr Hall’s admission of the breach. It also took into account that Mr Hall had incurred a $350 fine as recently as 11 March last for excessive use of the whip. Finally, the Committee took into account the status of the race and the stake payable – a Group 1 race for a stake of $800,000. The Committee noted that THEMIGHTYQUINN had been able to earn a stake of $120,000 for its second placing. The Committee viewed the breach as being mid-range.

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: 371c7b02996dc992b33cbdba66a8d011


informantnumber: 69034


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/02/2011


hearing_title: NZ Metropolitan TC 8 April 2011 - R8


charge:

Following the running of Race 8, SKYCITY-Inter Dominion Pacing Championship Grand Final, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Horseman (Australia), Mr G Hall, alleging a breach of Rule 869 (2) (a) in that Mr Hall, as the driver of THEMIGHTYQUINN in the race, “used his whip excessively”.
Mr Hall was present at the hearing of the information and he indicated that he 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.


facts:

Mr C George, Chief Stipendiary Steward, informed the Committee that THEMIGHTYQUINN had been placed 2nd in the race earning a stake of $120,000. He showed video replays of the final 200-300 metres of the race. He submitted that it was evident that Mr Hall had used his whip in excess of 20 times which, the Stewards considered, was excessive. Mr Hall did not dispute the number of strikes submitted by Mr George.

appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge was found proved.


sumissionsforpenalty:

Mr George submitted that it was a clear breach of the Rule. He further submitted that a deterrent penalty should be imposed. He submitted that a monetary penalty was appropriate but it should reflect the status of the race. A fine of not less than $500 was appropriate, he submitted.
Mr Hall told the Committee that the whip Rule is different in Australia. He admitted that he had been fined $350 for excessive use of the whip in the Auckland Cup on 11 March 2011. Mr Hall said that, in a race like the Inter Dominion Final, it was not even in the back of his mind to count the number of times he was using the whip.

reasonsforpenalty:

In arriving at an appropriate penalty the Committee took into account Mr Hall’s admission of the breach. It also took into account that Mr Hall had incurred a $350 fine as recently as 11 March last for excessive use of the whip. Finally, the Committee took into account the status of the race and the stake payable – a Group 1 race for a stake of $800,000. The Committee noted that THEMIGHTYQUINN had been able to earn a stake of $120,000 for its second placing. The Committee viewed the breach as being mid-range.

penalty:

Mr Hall was fined the sum of $500.


hearing_type: Hearing


Rules: Rule 869 (2) (a)


Informant: N G McIntyre, Stipendiary Steward


JockeysandTrainer: G Hall, Licensed Horseman (Australia)


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: fabf1bf798c0e36df3eb3cef28dcf376


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: 38552d372014ba612cbec6c32d948c35


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/04/2011


meet_title: NZ Metro TC - 8 April 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Panel member 2 ", "MemberID": "BScott", "Member": "", "OtherExpenses": "0", "KMs": "106", "Total": "65.72", "kmprice": 65.719999999999999, "Approved": "on"}]


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: JPhelan


meet_pm2: BScott


name: NZ Metro TC