Archive Decision

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Bay of Plenty HRC 30 January 2011 – R 10

ID: JCA10982

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr J Abernethy - driver NATURAL ART

Information Number:
69411

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Bay of Plenty HRC - 30 January 2011

Meet Chair:
BRowe

Meet Committee Member 1:
AGodsalve

Race Date:
2011/01/30

Race Number:
R 10

Decision:

As the breach was admitted we find the charge proved.

Penalty:

Balancing the above matters but with emphasis on the excellent driving record of Mr Abernethy a fine of $200 is imposed.

Charge:

Horseman J Abernethy used his whip excessively driving NATURAL ART over the concluding stages.

Facts:

Mr Muirhead showed the video film of the run down the home straight. He said Mr Abernethy struck NATURAL ART with the whip on 24 occasions which was “too much” – NATURAL ART finished second. He said Mr Abernethy may have been caught out by the length of the home straight – 400 metres as opposed to the usual 200 metres.

Mr Abernethy agreed that was so.

Submissions for Penalty:

Mr Muirhead showed the video film of the run down the home straight. He said Mr Abernethy struck NATURAL ART with the whip on 24 occasions which was “too much” – NATURAL ART finished second. He said Mr Abernethy may have been caught out by the length of the home straight – 400 metres as opposed to the usual 200 metres.

Mr Abernethy agreed that was so.

Reasons for Penalty:

In fixing penalty the committee takes into account the admission of the breach, the submissions and comments of Mr Muirhead and Mr Abernethy, the recommended starting point, Mr Abernethy’s excellent driving record and views the offending as just below mid range – only reasonable force was used when striking the horse.

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: 09b0e799ba3a76868856fee1eae583ce


informantnumber: 69411


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2010


hearing_title: Bay of Plenty HRC 30 January 2011 - R 10


charge:

Horseman J Abernethy used his whip excessively driving NATURAL ART over the concluding stages.


facts:

Mr Muirhead showed the video film of the run down the home straight. He said Mr Abernethy struck NATURAL ART with the whip on 24 occasions which was “too much” – NATURAL ART finished second. He said Mr Abernethy may have been caught out by the length of the home straight – 400 metres as opposed to the usual 200 metres.

Mr Abernethy agreed that was so.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Muirhead showed the video film of the run down the home straight. He said Mr Abernethy struck NATURAL ART with the whip on 24 occasions which was “too much” – NATURAL ART finished second. He said Mr Abernethy may have been caught out by the length of the home straight – 400 metres as opposed to the usual 200 metres.

Mr Abernethy agreed that was so.


reasonsforpenalty:

In fixing penalty the committee takes into account the admission of the breach, the submissions and comments of Mr Muirhead and Mr Abernethy, the recommended starting point, Mr Abernethy’s excellent driving record and views the offending as just below mid range – only reasonable force was used when striking the horse.


penalty:

Balancing the above matters but with emphasis on the excellent driving record of Mr Abernethy a fine of $200 is imposed.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer: Mr J Abernethy - driver NATURAL ART


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1bbb4f3d1332628c08edf9b49651a16c


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: 06c34f913c337b3c01c50d75f04cc467


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/01/2011


meet_title: Bay of Plenty HRC - 30 January 2011


meet_expappcomment:


meet_km: [{"Comment": [], "kmprice": 0.0, "MemberID": "AGodsalve", "Member": "", "KMs": "0", "OtherExpenses": "0", "Total": 0.0, "MemberRole": "Panel member 1 ", "Approved": []}]


meet_otherexp:


tracklocation: bay-of-plenty-hrc


meet_racingtype: harness-racing


meet_chair: BRowe


meet_pm1: AGodsalve


meet_pm2: none


name: Bay of Plenty HRC