Wanganui HRC 19 December 2010 – R 5
ID: JCA13437
Meet Title:
Wanganui TC - 19 December 2010
Meet Chair:
ISmith
Meet Committee Member 1:
NMcCutcheon
Race Date:
2010/12/19
Race Number:
R 5
Decision:
Accordingly the charge against Mr Pyers is upheld.
Penalty:
The committee impose a fine of $300.
Charge:
Following race 5 an information was filed by Chief Stipendiary Steward Mr N Escott alleging a breach of rule 869 (2) (a) in that A Pyers (Mangapai Bruce)used his whip unnecessarily on a beaten horse over the concluding stages.
Rule 869(2) (a)
(2) No horseman shall during any race; (a) use his whip in an unnecessary, excessive or improper manner.
Facts:
Mr Escott using the head and side on films demonstrated where, with approximately one thousand metres to go Mr Pyers horse Mangapai Bruce begins to give ground when at the tail of the field.
The stipendiary stewards allege that Mr Pyers used his whip unnecessarily on a beaten runner over the last stages of the race. The horse was well beaten and Mr Pyers showed lack of judgement, and lack of skill when using his whip on a beaten runner, when still hitting his horse just short of the finish line.
Submissions for Decision:
When questioned Mr Escott confirmed Mr Pyers started using his whip with approximately 600 metres to run. Mr Escott stated that in the rules of harness racing it requires the drivers to drive the horse out to the finish if they have got any chance of finishing in the first six, of which Mr Pyers had no chance.
Mr Pyers used the films to show the committee where he was only keeping him going (whipping his horse) when he was running on and he did not give his horse a hiding. As he was a first starter and was never going to win he had just kept at it irregularly just to keep him going.
In reply to a question from the committee as to whether his drive made any ground on any horse in front of him from the 250 metre mark, Mr Pyers confirmed it did not.
Reasons for Decision:
The committee has considered all submissions presented by both parties. The video films and in particular the head on view clearly shows Mr Pyers horse was a beaten runner at least 400 metres from the finish and being whipped along, not as Mr Pyers stated “ just keeping him going”. From the 250 metres when unable to make any ground whatsoever Mr Pyers continued to use his whip on his horse.
We have given this matter careful consideration and find that Mr Pyers whip action on a beaten runner constitutes unnecessary use of the whip.
Submissions for Penalty:
Mr Escott informed the committee Mr Pyers has no indiscretions pertaining to the use of the whip, however Mr Pyers has shown a lack of judgement on a beaten runner, and he has portrayed an image which is not in the best interests of harness racing. The stewards seek a penalty by way of a fine between $250-$300 to be imposed as a first offender.
Mr Pyers indicated a penalty in the range of $200-$300 is way over the top and would prefer a suspension.
When asked of his immediate driving commitments Mr Pyers confirmed he would be driving at Te Awamutu, Tauranga and Cambridge, and all grass meetings with two or three horses.
Mr Escott then presented the committee with the driving record of the 2010/11 season of which Mr Pyers has had nine drives. Mr Escott stated any suspension imposed on Mr Pyers would have no beneficial effect as a penalty, as Mr Pyers has a very limited number of drives. Mr Escott repeated a fine was the appropriate penalty for this particular case.
Reasons for Penalty:
In reaching their decision the committee have carefully considered all the submissions presented. The mitigating factors for Mr Pyers in this case is his excellent record and this being his first offence We have taken into account Mr Pyers request for a suspension but on this occasion as a first offender a penalty by way of a fine is more 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: 3737300ed68f4442536eea4568272f56
informantnumber: 69401
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 09/12/2010
hearing_title: Wanganui HRC 19 December 2010 - R 5
charge:
Following race 5 an information was filed by Chief Stipendiary Steward Mr N Escott alleging a breach of rule 869 (2) (a) in that A Pyers (Mangapai Bruce)used his whip unnecessarily on a beaten horse over the concluding stages.
Rule 869(2) (a)
(2) No horseman shall during any race; (a) use his whip in an unnecessary, excessive or improper manner.
facts:
Mr Escott using the head and side on films demonstrated where, with approximately one thousand metres to go Mr Pyers horse Mangapai Bruce begins to give ground when at the tail of the field.
The stipendiary stewards allege that Mr Pyers used his whip unnecessarily on a beaten runner over the last stages of the race. The horse was well beaten and Mr Pyers showed lack of judgement, and lack of skill when using his whip on a beaten runner, when still hitting his horse just short of the finish line.
appealdecision:
isappeal:
submissionsfordecision:
When questioned Mr Escott confirmed Mr Pyers started using his whip with approximately 600 metres to run. Mr Escott stated that in the rules of harness racing it requires the drivers to drive the horse out to the finish if they have got any chance of finishing in the first six, of which Mr Pyers had no chance.
Mr Pyers used the films to show the committee where he was only keeping him going (whipping his horse) when he was running on and he did not give his horse a hiding. As he was a first starter and was never going to win he had just kept at it irregularly just to keep him going.
In reply to a question from the committee as to whether his drive made any ground on any horse in front of him from the 250 metre mark, Mr Pyers confirmed it did not.
reasonsfordecision:
The committee has considered all submissions presented by both parties. The video films and in particular the head on view clearly shows Mr Pyers horse was a beaten runner at least 400 metres from the finish and being whipped along, not as Mr Pyers stated “ just keeping him going”. From the 250 metres when unable to make any ground whatsoever Mr Pyers continued to use his whip on his horse.
We have given this matter careful consideration and find that Mr Pyers whip action on a beaten runner constitutes unnecessary use of the whip.
Decision:
Accordingly the charge against Mr Pyers is upheld.
sumissionsforpenalty:
Mr Escott informed the committee Mr Pyers has no indiscretions pertaining to the use of the whip, however Mr Pyers has shown a lack of judgement on a beaten runner, and he has portrayed an image which is not in the best interests of harness racing. The stewards seek a penalty by way of a fine between $250-$300 to be imposed as a first offender.
Mr Pyers indicated a penalty in the range of $200-$300 is way over the top and would prefer a suspension.
When asked of his immediate driving commitments Mr Pyers confirmed he would be driving at Te Awamutu, Tauranga and Cambridge, and all grass meetings with two or three horses.
Mr Escott then presented the committee with the driving record of the 2010/11 season of which Mr Pyers has had nine drives. Mr Escott stated any suspension imposed on Mr Pyers would have no beneficial effect as a penalty, as Mr Pyers has a very limited number of drives. Mr Escott repeated a fine was the appropriate penalty for this particular case.
reasonsforpenalty:
In reaching their decision the committee have carefully considered all the submissions presented. The mitigating factors for Mr Pyers in this case is his excellent record and this being his first offence We have taken into account Mr Pyers request for a suspension but on this occasion as a first offender a penalty by way of a fine is more appropriate.
penalty:
The committee impose a fine of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: T W Taumanu Stipendiary Steward
JockeysandTrainer:
Otherperson: Mr N Escott Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: ff1d797097f32bc2083d65be9f15f106
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8deab86398632939c21822d7a4840177
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/12/2010
meet_title: Wanganui TC - 19 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wanganui-tc
meet_racingtype: harness-racing
meet_chair: ISmith
meet_pm1: NMcCutcheon
meet_pm2: none
name: Wanganui TC