Reefton TC 10 March 2013 – R 2
ID: JCA16183
Meet Title:
Reefton TC - 10 March 2013
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2013/03/10
Race Number:
R 2
Decision:
The charge was found to be proved.
Penalty:
On resuming the hearing we gave our reasons and advised Mr Perkins that his Horseman’s licence was suspended from the conclusion of racing today, 10 March up to and including 28 April 2013 (4 effective driving days). This period of suspension includes 24 March at Methven, 7 April at Rangiora, 14 April at Motukarara and 28 April at Rangiora.
Charge:
Breach of Rule 869(2)(a) - excessive use of the whip.
Facts:
Following the running of Race 3, the Speights Trot, an Information was filed by Stipendiary Steward Mr N M Ydgren against Graduation Horseman Mr N C Perkins, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
The charge reads as follows:
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that you used your whip excessively in the run home.”
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Submissions for Decision:
Mr Perkins had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence and used video coverage, to show that Mr Perkins’ horse was in the lead on the outer on the home turn. He submitted that Mr Perkins used his whip on 23-24 occasions over the final stages. He stated there were 3 pauses but that the number of strikes was just too many.
Mr Perkins disputed the number of alleged strikes and believed that the number was nearer 20. He stated he got a little excited, being in contention at the home turn, and got caught up in the excitement over the concluding stages.
Reasons for Decision:
As Mr Perkins had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that Mr Perkins had a clear penalty record and had readily admitted the breach at the first opportunity. Mr Ydgren explained that Mr Perkins was having only his 2nd drive for this season and had only 4-5 drives over the past few years. Mr Perkins had not driven regularly since the 2007/2008 season. Mr Ydgren submitted that the standard fine for a first offence and admission of the breach was $200. He submitted that a fine of $200 be considered for this case.
Mr Perkins in submissions stated that he was not in a position financially to pay a fine. He stated that he would prefer a suspension. He submitted that he had two horses in work and would be driving them over the next 3-4 months and would have probably 4-5 drives on his own horses over this period. Mr Ydgren submitted that the Stewards had no objection to a suspension being imposed in this case.
We adjourned to consider the question of penalty.
Reasons for Penalty:
We took into account that Mr Perkins had readily admitted this breach and had a clear record in regard to this Rule. Due to Mr Perkins' position in regard to paying a fine we considered that a suspension was appropriate in this case and that a 4 day suspension be imposed.
JCA Decision Fields (raw)
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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: c7413b52ac810bf4860f114e6308f063
informantnumber: A4977
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 10/03/2013
hearing_title: Reefton TC 10 March 2013 - R 2
charge:
Breach of Rule 869(2)(a) - excessive use of the whip.
facts:
Following the running of Race 3, the Speights Trot, an Information was filed by Stipendiary Steward Mr N M Ydgren against Graduation Horseman Mr N C Perkins, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner.
The charge reads as follows:
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that you used your whip excessively in the run home.”
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Perkins had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr Ydgren gave evidence and used video coverage, to show that Mr Perkins’ horse was in the lead on the outer on the home turn. He submitted that Mr Perkins used his whip on 23-24 occasions over the final stages. He stated there were 3 pauses but that the number of strikes was just too many.
Mr Perkins disputed the number of alleged strikes and believed that the number was nearer 20. He stated he got a little excited, being in contention at the home turn, and got caught up in the excitement over the concluding stages.
reasonsfordecision:
As Mr Perkins had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Ydgren advised that Mr Perkins had a clear penalty record and had readily admitted the breach at the first opportunity. Mr Ydgren explained that Mr Perkins was having only his 2nd drive for this season and had only 4-5 drives over the past few years. Mr Perkins had not driven regularly since the 2007/2008 season. Mr Ydgren submitted that the standard fine for a first offence and admission of the breach was $200. He submitted that a fine of $200 be considered for this case.
Mr Perkins in submissions stated that he was not in a position financially to pay a fine. He stated that he would prefer a suspension. He submitted that he had two horses in work and would be driving them over the next 3-4 months and would have probably 4-5 drives on his own horses over this period. Mr Ydgren submitted that the Stewards had no objection to a suspension being imposed in this case.
We adjourned to consider the question of penalty.
reasonsforpenalty:
We took into account that Mr Perkins had readily admitted this breach and had a clear record in regard to this Rule. Due to Mr Perkins' position in regard to paying a fine we considered that a suspension was appropriate in this case and that a 4 day suspension be imposed.
penalty:
On resuming the hearing we gave our reasons and advised Mr Perkins that his Horseman’s licence was suspended from the conclusion of racing today, 10 March up to and including 28 April 2013 (4 effective driving days). This period of suspension includes 24 March at Methven, 7 April at Rangiora, 14 April at Motukarara and 28 April at Rangiora.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr N C Perkins - Graduation Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 10dcad317e1ee6ee4e3ea73332b0c9dc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 796a15fa6f22e190790b845083e3bfc6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/03/2013
meet_title: Reefton TC - 10 March 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Reefton TC