Archive Decision

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Rangiora HRC 1 February 2011 – R 7

ID: JCA17224

Applicant:
KR Williams - Stipendiary Steward

Respondent(s):
SD Lethaby - Licencsed Open Horseman

Information Number:
69058

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Rangiora HRC - 1 February 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2011/02/01

Race Number:
R 7

Decision:

The charge was found proved.

Penalty:

Mr Lethaby was fined the sum of $200.

Charge:

Used his whip unnecessarily.

Facts:

Following the running of Race 7, Mainland Banner Handicap Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr S D Lethaby, alleging a breach of Rule 869 (2) (a) in that Mr Lethaby, as the driver of FITTLER in the race, “used his whip unnecessarily on FITTLER when the horse was clearly not going to run in the first six”.

Mr Lethaby had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.

Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.

Submissions for Decision:

Mrs Williams showed a video replay of the relevant part of the Race. She pointed out Mr Lethaby, driving FITTLER, racing towards the rear of the field and losing ground approaching the final bend. She then pointed out that Mr Lethaby, just prior to turning for home, give the horse “two decent haymakers” (forceful strikes with the whip). The forceful nature of the strikes was quite apparent to the Committee from the video replay. The use of the whip in that manner was “totally unwarranted”, Mrs Williams submitted. The horse was, quite clearly, not going to run in the first six placings.

Reasons for Decision:

The Committee noted Mr Lethaby’s admission of the breach and, furthermore, was satisfied that his use of the whip on FITTLER, a clearly beaten runner, by giving it two strong strikes with the whip, was unnecessary.

Submissions for Penalty:

Mrs Williams informed the Committee that fines of $200 had been imposed for unnecessary use of the whip at the recent Westport and Reefton meetings. She submitted that a fine of that amount was appropriate in this case. Mr Lethaby had no recent breaches of the whip Rule, Mrs Williams said.

Reasons for Penalty:

In determining penalty, the Committee had regard to Mr Lethaby’s admission of the breach and his good record. It also had regard to Mrs Williams’ submission as to the fines imposed for recent breaches involving unnecessary use of the whip. The Committee was satisfied that a fine of $200 was appropriate.

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: ecbf0827949976257a35bd87619ba424


informantnumber: 69058


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2010


hearing_title: Rangiora HRC 1 February 2011 - R 7


charge:

Used his whip unnecessarily.


facts:

Following the running of Race 7, Mainland Banner Handicap Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr S D Lethaby, alleging a breach of Rule 869 (2) (a) in that Mr Lethaby, as the driver of FITTLER in the race, “used his whip unnecessarily on FITTLER when the horse was clearly not going to run in the first six”.

Mr Lethaby had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.

Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.


appealdecision:


isappeal:


submissionsfordecision:

Mrs Williams showed a video replay of the relevant part of the Race. She pointed out Mr Lethaby, driving FITTLER, racing towards the rear of the field and losing ground approaching the final bend. She then pointed out that Mr Lethaby, just prior to turning for home, give the horse “two decent haymakers” (forceful strikes with the whip). The forceful nature of the strikes was quite apparent to the Committee from the video replay. The use of the whip in that manner was “totally unwarranted”, Mrs Williams submitted. The horse was, quite clearly, not going to run in the first six placings.


reasonsfordecision:

The Committee noted Mr Lethaby’s admission of the breach and, furthermore, was satisfied that his use of the whip on FITTLER, a clearly beaten runner, by giving it two strong strikes with the whip, was unnecessary.


Decision:

The charge was found proved.


sumissionsforpenalty:

Mrs Williams informed the Committee that fines of $200 had been imposed for unnecessary use of the whip at the recent Westport and Reefton meetings. She submitted that a fine of that amount was appropriate in this case. Mr Lethaby had no recent breaches of the whip Rule, Mrs Williams said.


reasonsforpenalty:

In determining penalty, the Committee had regard to Mr Lethaby’s admission of the breach and his good record. It also had regard to Mrs Williams’ submission as to the fines imposed for recent breaches involving unnecessary use of the whip. The Committee was satisfied that a fine of $200 was appropriate.


penalty:

Mr Lethaby was fined the sum of $200.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: KR Williams - Stipendiary Steward


JockeysandTrainer: SD Lethaby - Licencsed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: f2e0be08701b4a439aae244fca840429


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 04a1abc1971acdef83cb3ed7cdeee3aa


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/02/2011


meet_title: Rangiora HRC - 1 February 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Rangiora HRC