NZ Metro TC 23 December 2010 – R 10
ID: JCA10564
Meet Title:
NZ Metro TC - 23 December 2010
Meet Chair:
JPhelan
Meet Committee Member 1:
JMillar
Race Date:
2010/12/23
Race Number:
R 10
Decision:
As Mr Thornley had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
On resuming the hearing we advised the parties that Mr Thornley was fined $275-00 for this breach.
Mr Thornley was also cautioned that he had now been fined for two breaches of this Rule within a month, and that any breaches of this Rule in the near future could result in the suspension of his Open Horseman’s Licence.
Charge:
Following the running of Race 10, The Met Wishes You A Merry Christmas Pace, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott against Open Horseman Mr C. D. Thornley alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
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 C. D. Thornley used his whip excessively on Fuse 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.”
Facts:
Mr Thornley had indicated on the Information that this breach of the Rules was admitted, and also that he understood the charge and the Rule it was brought under.
Mr Escott gave evidence and used video coverage to show that well into the home straight Mr Thornley started to use his whip, and did so on about 25 occasions in quick succession.
Mr Thornley said that he was only beaten late in the race, and thought that he had a good chance of winning. He also said that there had been pauses during the whip use. However our view was that any pauses there might have been were not “distinct” as required by the “Use of The Whip” guidelines, and nor were any other “alternative actions” used. The use of the whip on this occasion was clearly “too much”.
Submissions for Penalty:
In relation to penalty Mr Escott advised that to Mr Thornley’s credit he had admitted this breach. However, Mr Thornley had been fined $225-00 on 25 November 2010 for a previous breach of this Rule. Mr Escott submitted that a fine of $300-00 should be imposed in this case.
Mr Thornley said that he thought a fine of $300-00 was too much.
We adjourned to consider the matter of an appropriate penalty.
Reasons for Penalty:
We took into account Mr Thornley’s admission of this breach, and also his previous conviction. After considering the facts of this matter we were satisfied that a fine of $275-00 should be imposed in this case.
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: 0278b6de3416b988dbd7b07f5acff7fa
informantnumber: 69319
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/12/2010
hearing_title: NZ Metro TC 23 December 2010 - R 10
charge:
Following the running of Race 10, The Met Wishes You A Merry Christmas Pace, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott against Open Horseman Mr C. D. Thornley alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
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 C. D. Thornley used his whip excessively on Fuse 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.”
facts:
Mr Thornley had indicated on the Information that this breach of the Rules was admitted, and also that he understood the charge and the Rule it was brought under.
Mr Escott gave evidence and used video coverage to show that well into the home straight Mr Thornley started to use his whip, and did so on about 25 occasions in quick succession.
Mr Thornley said that he was only beaten late in the race, and thought that he had a good chance of winning. He also said that there had been pauses during the whip use. However our view was that any pauses there might have been were not “distinct” as required by the “Use of The Whip” guidelines, and nor were any other “alternative actions” used. The use of the whip on this occasion was clearly “too much”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Thornley had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr Escott advised that to Mr Thornley’s credit he had admitted this breach. However, Mr Thornley had been fined $225-00 on 25 November 2010 for a previous breach of this Rule. Mr Escott submitted that a fine of $300-00 should be imposed in this case.
Mr Thornley said that he thought a fine of $300-00 was too much.
We adjourned to consider the matter of an appropriate penalty.
reasonsforpenalty:
We took into account Mr Thornley’s admission of this breach, and also his previous conviction. After considering the facts of this matter we were satisfied that a fine of $275-00 should be imposed in this case.
penalty:
On resuming the hearing we advised the parties that Mr Thornley was fined $275-00 for this breach.
Mr Thornley was also cautioned that he had now been fined for two breaches of this Rule within a month, and that any breaches of this Rule in the near future could result in the suspension of his Open Horseman’s Licence.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N R Escott Chief Stipendiary Steward
JockeysandTrainer: Mr C D Thornley Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fe1ad1b3f959fded456943f69ed468a7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9136ae80f07cd9bb536de8902b37152e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/12/2010
meet_title: NZ Metro TC - 23 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: JMillar
meet_pm2: none
name: NZ Metro TC