Archive Decision

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Wanganui TC 19 December 2010 – R 4

ID: JCA12134

Applicant:
TW Taumanu, Sitpendiary Steward

Information Number:
69400

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Wanganui TC - 19 December 2010

Meet Chair:
ISmith

Meet Committee Member 1:
NMcCutcheon

Race Date:
2010/12/19

Race Number:
R 4

Decision:

As Mr Fleming had admitted the breach the charge is proven.

Penalty:

The committee fine Mr Fleming the sum of $250.00.

Charge:

Following race 4 an information was lodged under rule 869 (2) (a) in that P Fleming the driver of Broadway used his whip excessively on his horse during the run home.
Rule 869(2) (a)
(2) No horseman shall during any race; (a) use his whip in an unnecessary, excessive or improper manner.

Facts:

Mr Taumanu used the head on video film to show the committee where in the home straight Mr Fleming upon straightening proceeded to whip his horse, approximately twenty two times prior to the finish line. There was no pause or stop at any time, confirming this was excessive use of the whip.

Mr Fleming stated he had leased this horse out, and it had shown no form over several starts and in his opinion was cheating. Today he had driven it aggressively to prove that it had ability.

Submissions for Penalty:

Mr Taumanu stated Mr Fleming has not been before the stewards under this rule, and as a first offender the stewards asked for a penalty in the region of $200-$250.

Mr Fleming when asked had no comment on penalty.

Reasons for Penalty:

The committee in reaching their decision has taken into account all evidence presented by both parties. Mitigating circumstances for Mr Fleming were his early admission of the matter, and that this is his first offence. The aggravating factor in this case is the nature with which Mr Fleming used the whip. This was clearly outside the guidelines and the committee impose a monetary penalty.

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: 36a8e2eff086a85e2939dac67fb61163


informantnumber: 69400


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 09/12/2010


hearing_title: Wanganui TC 19 December 2010 - R 4


charge:

Following race 4 an information was lodged under rule 869 (2) (a) in that P Fleming the driver of Broadway used his whip excessively on his horse during the run home.
Rule 869(2) (a)
(2) No horseman shall during any race; (a) use his whip in an unnecessary, excessive or improper manner.


facts:

Mr Taumanu used the head on video film to show the committee where in the home straight Mr Fleming upon straightening proceeded to whip his horse, approximately twenty two times prior to the finish line. There was no pause or stop at any time, confirming this was excessive use of the whip.

Mr Fleming stated he had leased this horse out, and it had shown no form over several starts and in his opinion was cheating. Today he had driven it aggressively to prove that it had ability.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Fleming had admitted the breach the charge is proven.


sumissionsforpenalty:

Mr Taumanu stated Mr Fleming has not been before the stewards under this rule, and as a first offender the stewards asked for a penalty in the region of $200-$250.

Mr Fleming when asked had no comment on penalty.


reasonsforpenalty:

The committee in reaching their decision has taken into account all evidence presented by both parties. Mitigating circumstances for Mr Fleming were his early admission of the matter, and that this is his first offence. The aggravating factor in this case is the nature with which Mr Fleming used the whip. This was clearly outside the guidelines and the committee impose a monetary penalty.


penalty:

The committee fine Mr Fleming the sum of $250.00.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: TW Taumanu, Sitpendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 92bd1c9284c9b4a7de499f6adf43d245


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


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