Taranaki TC 5 January 2017 – R 1 – Chair, Mr T Bird
ID: JCA17139
Meet Title:
Taranaki TC - 5 January 2017
Meet Chair:
TBird
Meet Committee Member 1:
TUtikere
Race Date:
2017/01/05
Race Number:
R 1
Decision:
Mr Lethaby having admitted the breach, the charge was found proved.
Penalty:
Mr Lethaby is fined $400.
Facts:
Follow the running of race six, the Fiber Fresh Mobile Pace, an information was filed by Stipendiary Steward, Mr B Jones against Junior Driver, Mr T Lethaby, alleging a breach of Rule 869(2)(a) in that he used his whip excessively over the final stages of the race.
The use of whip guidelines (effective from December 1st 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 the guidelines.
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.
Mr Lethaby was present at the hearing and admitted the breach. He was represented by Licensed Open Horseman Mr S Abernethy.
Mr Jones showed a head on video replay of the final 450 metres of the race. He pointed out Mr Lethaby, driving TUHERBS TWO, about to enter the passing lane. On reaching the passing lane, Mr Lethaby began striking the horse with the whip, continuing for a total of 17 times until reaching the winning post.
Mr Jones said the breach was clearly in excess of the 10 allowed by the guidelines.
TUHERBS TWO finished third in the race and 1 length and a head from the winner SNOW RAKER.
On Mr Lethaby’s behalf, Mr Abernethy asked the committee that a “clean slate” policy in relation to any previous whip related charges to be granted to Mr Lethaby. Mr Abernethy said all licensed horseman in New Zealand had been assured by New Zealand Harness Racing a clean slate would be in place from December 1 2016.
Mr Jones confirmed to the committee that the “clean slate” policy had been applied from that date.
Submissions for Penalty:
Mr Jones referred to the JCA Penalty Guide starting point of a $500 final or a 2-days suspension, adding mitigating factors in the charge was Mr Lethaby admitting the breach and his good record in relation to the rule. He said Mr Lethaby had last breached the whip use rule On April 29, 2016 when a $300 fine was imposed.
To a question from the committee, Mr Lethaby said he had been driving at totalisator meetings for two full seasons.
Mr Abernethy said Mr Lethaby would prefer a fine to a suspension as he was expecting to receive a good number of driving opportunities in the busy summer holiday period.
Reasons for Penalty:
In determining penalty, we took into account Mr Lethaby’s good record since April 29th, 2016, and his early admittance of the breach.
Following submissions the committee adopted a starting point of a $500 fine as per the JCA guidelines.
One disturbing factor is that 17 strikes with the whip is well outside the guidelines and while not earning an uplift is of some concern at a time when all horsemen are being requested by racing authorities to moderate use of the whip.
The committee noted Mr Lethaby’s preference for a fine. His good record and admission of the breach are mitigating factors and for these the committee gives Mr Lethaby a discount of $50 each.
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: d1d515e7325e7e3a89e9e7c16bf240eb
informantnumber: A6518
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 07/01/2017
hearing_title: Taranaki TC 5 January 2017 - R 1 - Chair, Mr T Bird
charge:
facts:
Follow the running of race six, the Fiber Fresh Mobile Pace, an information was filed by Stipendiary Steward, Mr B Jones against Junior Driver, Mr T Lethaby, alleging a breach of Rule 869(2)(a) in that he used his whip excessively over the final stages of the race.
The use of whip guidelines (effective from December 1st 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 the guidelines.
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.
Mr Lethaby was present at the hearing and admitted the breach. He was represented by Licensed Open Horseman Mr S Abernethy.
Mr Jones showed a head on video replay of the final 450 metres of the race. He pointed out Mr Lethaby, driving TUHERBS TWO, about to enter the passing lane. On reaching the passing lane, Mr Lethaby began striking the horse with the whip, continuing for a total of 17 times until reaching the winning post.
Mr Jones said the breach was clearly in excess of the 10 allowed by the guidelines.
TUHERBS TWO finished third in the race and 1 length and a head from the winner SNOW RAKER.
On Mr Lethaby’s behalf, Mr Abernethy asked the committee that a “clean slate” policy in relation to any previous whip related charges to be granted to Mr Lethaby. Mr Abernethy said all licensed horseman in New Zealand had been assured by New Zealand Harness Racing a clean slate would be in place from December 1 2016.
Mr Jones confirmed to the committee that the “clean slate” policy had been applied from that date.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Lethaby having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Jones referred to the JCA Penalty Guide starting point of a $500 final or a 2-days suspension, adding mitigating factors in the charge was Mr Lethaby admitting the breach and his good record in relation to the rule. He said Mr Lethaby had last breached the whip use rule On April 29, 2016 when a $300 fine was imposed.
To a question from the committee, Mr Lethaby said he had been driving at totalisator meetings for two full seasons.
Mr Abernethy said Mr Lethaby would prefer a fine to a suspension as he was expecting to receive a good number of driving opportunities in the busy summer holiday period.
reasonsforpenalty:
In determining penalty, we took into account Mr Lethaby’s good record since April 29th, 2016, and his early admittance of the breach.
Following submissions the committee adopted a starting point of a $500 fine as per the JCA guidelines.
One disturbing factor is that 17 strikes with the whip is well outside the guidelines and while not earning an uplift is of some concern at a time when all horsemen are being requested by racing authorities to moderate use of the whip.
The committee noted Mr Lethaby’s preference for a fine. His good record and admission of the breach are mitigating factors and for these the committee gives Mr Lethaby a discount of $50 each.
penalty:
Mr Lethaby is fined $400.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr T Lethaby - Junior Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a9d4ed5ec7e72cbd1ca22d9674dce454
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1a69052cabc59e418ba980ff251769fa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/01/2017
meet_title: Taranaki TC - 5 January 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taranaki-tc
meet_racingtype: harness-racing
meet_chair: TBird
meet_pm1: TUtikere
meet_pm2: none
name: Taranaki TC