Archive Decision

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Westport TC 28 December 2013 – R9

ID: JCA11271

Applicant:
R Quirk - Stipendiary Steward

Respondent(s):
R May-Open Horseman

Information Number:
A1137

Hearing Type:
Hearing

New Charge:
Alleged breach of Rule 869(2)(a

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Westport TC - 28 December 2013

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2013/12/28

Race Number:
R9

Decision:

As Mr May had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly Mr May was fined the sum of $200.

Facts:

Following the running of Race 9, the Speights McManus Hotel Mobile Pace, an Information was filed by Stipendiary Steward Mr R Quirk against Open Horseman Mr R May alleging a breach of Rule 869(2)(a) in that he used his whip in an unnecessary manner by striking RIVER TIQUE with 400m to run when this horse was out of contention.

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 May confirmed to the Committee that the breach was admitted and that he understood the Rule he was being charged with.

Mr Quirk gave evidence and used video coverage to show that Mr May’s horse was out of contention near the 400m where he was observed to use his whip on RIVER TIQUE on three occasions, the first two strikes with some force with the third to a lesser degree. Mr Quirk stated that RIVER TIQUE had broken shortly after the start on its own accord and caused severe interference to several other runners. He submitted that Mr May had struck RIVER TIQUE out of frustration with the horses racing manners.

Mr May conceded that he was frustrated at RIVER TIQUE’s manners after the horse broke shortly after the start and caused interference to several runners. This frustration, he admitted was the reason he struck the horse when out of contention.

Submissions for Penalty:

In relation to penalty Mr Quirk advised that Mr May had a clear record in regard to the Rule and had admitted the breach at the earliest opportunity. He stated that the JCA Penalty Guide recommended a fine of $300 or 6 drives for a breach of this Rule. Mr Quirk submitted that a fine of $200 should be considered as penalty in this case.

Reasons for Penalty:

In consideration to penalty the Committee took into account Mr May’s clear penalty record and his ready admission of the breach. Taking the JCA Penalty Guide recommendation of $300 as a starting point, we gave a discount of $50 for Mr May’s clear record and a further discount of $50 for his ready admission of the breach. The Committee decided that an appropriate penalty on this occasion was a fine of $200.

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: 18e5b3aa7bbb62ef9c935d289f4b6aef


informantnumber: A1137


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Alleged breach of Rule 869(2)(a


plea: admitted


penaltyrequired: 1


decisiondate: 17/12/2013


hearing_title: Westport TC 28 December 2013 - R9


charge:


facts:

Following the running of Race 9, the Speights McManus Hotel Mobile Pace, an Information was filed by Stipendiary Steward Mr R Quirk against Open Horseman Mr R May alleging a breach of Rule 869(2)(a) in that he used his whip in an unnecessary manner by striking RIVER TIQUE with 400m to run when this horse was out of contention.

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 May confirmed to the Committee that the breach was admitted and that he understood the Rule he was being charged with.

Mr Quirk gave evidence and used video coverage to show that Mr May’s horse was out of contention near the 400m where he was observed to use his whip on RIVER TIQUE on three occasions, the first two strikes with some force with the third to a lesser degree. Mr Quirk stated that RIVER TIQUE had broken shortly after the start on its own accord and caused severe interference to several other runners. He submitted that Mr May had struck RIVER TIQUE out of frustration with the horses racing manners.

Mr May conceded that he was frustrated at RIVER TIQUE’s manners after the horse broke shortly after the start and caused interference to several runners. This frustration, he admitted was the reason he struck the horse when out of contention.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr May 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 Quirk advised that Mr May had a clear record in regard to the Rule and had admitted the breach at the earliest opportunity. He stated that the JCA Penalty Guide recommended a fine of $300 or 6 drives for a breach of this Rule. Mr Quirk submitted that a fine of $200 should be considered as penalty in this case.


reasonsforpenalty:

In consideration to penalty the Committee took into account Mr May’s clear penalty record and his ready admission of the breach. Taking the JCA Penalty Guide recommendation of $300 as a starting point, we gave a discount of $50 for Mr May’s clear record and a further discount of $50 for his ready admission of the breach. The Committee decided that an appropriate penalty on this occasion was a fine of $200.


penalty:

Accordingly Mr May was fined the sum of $200.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: R Quirk - Stipendiary Steward


JockeysandTrainer: R May-Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 9a3c73c26eb0533e5d76f9858c96c7f7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ab55e2d2a291d666ad11dbe284fc7cc8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/12/2013


meet_title: Westport TC - 28 December 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: westport-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Westport TC