Rangiora HRC 28 May 2017 – R 1 – Chair, Mr S Ching
ID: JCA13977
Meet Title:
Rangiora HRC - 28 May 2017
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2017/05/28
Race Number:
R1
Decision:
As Mr White had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr White was suspended from the conclusion of racing today 28 May 2017 up to and including 31 March 2018, a period of 10 months.
Facts:
Following the running of Race 1, the Tavern Harewood NZ Amateur Drivers Champs HT2 Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Advanced Amateur Horseman, Mr A White, alleging a breach of Rule 303(2), in that he misconducted himself by using offensive and abusive language directed at Amateur Driver Ms S Wigg during the running.
Rule 303(2) reads as follows.
“(2) No person or body who holds a permit or licence under these Rules and no owner, trainer, breeder, stable hand, unlicensed apprentice or racing manager shall misconduct himself or fail to comply with any request, direction or instruction of any Stipendiary Steward, Racecourse Inspector or Starter.”
Mr White had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr White also agreed that he understood the charge and the Rule it was brought under.
Mr Wallis gave evidence that this incident occurred during the running of the race when near the 1150m, Ms S Wigg, driving ZULU COURAGE, pushed Mr White out when not entitled to do so. Mr Wallis stated that after this incident occurred, Mr White directed abusive and offensive language over a prolonged and extended period towards Ms Wigg. This language, Mr Wallis stated, included the following foul language: “f.....g idiot” and “f.....g c...” which he said was totally unacceptable.
Mr Wallis stated that Ms C Wigg, driving LIVE TO TELL, and Mr G Cronin, driving IT’S OFFICIAL, both gave statements to the effect that they witnessed and heard the abusive and offensive language which they said was prolonged and went on for an extended period of time. They also both heard the words: “f.....g idiot” and “f.....g c..." multiple times.
Mr White did not dispute the evidence presented and said that Mr Wallis had the facts 100% correct. He stated that Ms Wigg should not have pushed out as firstly he had a horse on his outer which put him in an unsafe position and secondly it was before the 1000m, and a breach of the rules. Mr White conceded that he had lost his “cool” and admitted that he should not have abused or used foul language at Ms Wigg.
Submissions for Penalty:
Mr Wallis submitted that Mr White was a reasonably busy Amateur Horseman and had driven on 12 occasions last season and 10 so far, this season. He said Mr White’s record was clear over the past 12 months but showed a misconduct breach in December 2012 where he was fined $250 for abusive language at an Amateur Driver. Mr Wallis stated that Mr White’s conduct was unacceptable and submitted that a fine of between $500 and $750 be considered as penalty in this case.
Mr White stated that he was not in a position to pay a fine and asked that a suspension be considered as penalty.
Mr Wallis stated that if a suspension was to be considered, it would need be commensurate with the number of drives Mr White normally has, which on average is 1 drive per month.
Reasons for Penalty:
In determining penalty, we took into consideration all factors including Mr White’s frank admission of the breach and his contrition, in regard to the incident, as mitigating factors. Aggravating factors were that the level of the offensive and abusive language was high as well as used in a prolonged and extended manner during the running of the race. We considered Mr White’s previous breach in December 2012, over 4 years previous, as a neutral factor in this case. The Committee determined that a fine of $600 or a suspension equivalent in Mr White's case, 12 drives, being an appropriate penalty. After taking Mr White’s submission that he was, not in a position to pay a fine, into account, we determined that a suspension was an appropriate penalty in this case. However, taking into consideration the mitigating factors submitted, the Committee determined that a discount of $100 or 2 drives should be specified in this case. Therefore, it was determined that 10-month suspension, equating to a 10 drive or $500 fine, be imposed.
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: 869c55d14740cfe69cf3b09f589acb10
informantnumber: A9020
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 303(2)-Misconduct
plea: admitted
penaltyrequired: 1
decisiondate: 30/05/2017
hearing_title: Rangiora HRC 28 May 2017 - R 1 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 1, the Tavern Harewood NZ Amateur Drivers Champs HT2 Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Advanced Amateur Horseman, Mr A White, alleging a breach of Rule 303(2), in that he misconducted himself by using offensive and abusive language directed at Amateur Driver Ms S Wigg during the running.
Rule 303(2) reads as follows.
“(2) No person or body who holds a permit or licence under these Rules and no owner, trainer, breeder, stable hand, unlicensed apprentice or racing manager shall misconduct himself or fail to comply with any request, direction or instruction of any Stipendiary Steward, Racecourse Inspector or Starter.”
Mr White had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr White also agreed that he understood the charge and the Rule it was brought under.
Mr Wallis gave evidence that this incident occurred during the running of the race when near the 1150m, Ms S Wigg, driving ZULU COURAGE, pushed Mr White out when not entitled to do so. Mr Wallis stated that after this incident occurred, Mr White directed abusive and offensive language over a prolonged and extended period towards Ms Wigg. This language, Mr Wallis stated, included the following foul language: “f.....g idiot” and “f.....g c...” which he said was totally unacceptable.
Mr Wallis stated that Ms C Wigg, driving LIVE TO TELL, and Mr G Cronin, driving IT’S OFFICIAL, both gave statements to the effect that they witnessed and heard the abusive and offensive language which they said was prolonged and went on for an extended period of time. They also both heard the words: “f.....g idiot” and “f.....g c..." multiple times.
Mr White did not dispute the evidence presented and said that Mr Wallis had the facts 100% correct. He stated that Ms Wigg should not have pushed out as firstly he had a horse on his outer which put him in an unsafe position and secondly it was before the 1000m, and a breach of the rules. Mr White conceded that he had lost his “cool” and admitted that he should not have abused or used foul language at Ms Wigg.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr White had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis submitted that Mr White was a reasonably busy Amateur Horseman and had driven on 12 occasions last season and 10 so far, this season. He said Mr White’s record was clear over the past 12 months but showed a misconduct breach in December 2012 where he was fined $250 for abusive language at an Amateur Driver. Mr Wallis stated that Mr White’s conduct was unacceptable and submitted that a fine of between $500 and $750 be considered as penalty in this case.
Mr White stated that he was not in a position to pay a fine and asked that a suspension be considered as penalty.
Mr Wallis stated that if a suspension was to be considered, it would need be commensurate with the number of drives Mr White normally has, which on average is 1 drive per month.
reasonsforpenalty:
In determining penalty, we took into consideration all factors including Mr White’s frank admission of the breach and his contrition, in regard to the incident, as mitigating factors. Aggravating factors were that the level of the offensive and abusive language was high as well as used in a prolonged and extended manner during the running of the race. We considered Mr White’s previous breach in December 2012, over 4 years previous, as a neutral factor in this case. The Committee determined that a fine of $600 or a suspension equivalent in Mr White's case, 12 drives, being an appropriate penalty. After taking Mr White’s submission that he was, not in a position to pay a fine, into account, we determined that a suspension was an appropriate penalty in this case. However, taking into consideration the mitigating factors submitted, the Committee determined that a discount of $100 or 2 drives should be specified in this case. Therefore, it was determined that 10-month suspension, equating to a 10 drive or $500 fine, be imposed.
penalty:
Accordingly, Mr White was suspended from the conclusion of racing today 28 May 2017 up to and including 31 March 2018, a period of 10 months.
hearing_type: Hearing
Rules: 303(2)
Informant: S Wallis-Stipendiary Steward
JockeysandTrainer: A White-Advanced Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 079b42d2aa8672d052f03f40a2f52a26
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fac9f7dc6dd503131a2088c91a8764e3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/05/2017
meet_title: Rangiora HRC - 28 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Rangiora HRC