Archive Decision

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R Rotorua 1 December 2011 – R 5

ID: JCA12262

Applicant:
Mr A Coles

Respondent(s):
Mr P Turner

Information Number:
A2011

Hearing Type:
Hearing

Rules:
638(3)(3)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Rotorua - 1 December 2011

Meet Chair:
RSeabrook

Meet Committee Member 1:
GTankard

Race Date:
2011/12/01

Race Number:
R 5

Decision:

As the breach was admitted, we find the charge proved.

Penalty:

After considering all of the above facts, we impose a suspension on Mr Turner from riding in races, which is to start after racing on 8 December and concludes after racing on 11 December 2011 (3 days).  This deferment comes pursuant to rule 1106.

Charge:

Excessive use of whip.

Facts:

Following race 5, an information was filed pursuant to rule 638(3)(b).  Mr A Coles alleged that Mr P Turner used his whip excessively on his mount, MAGIC EPIC.

Submissions for Decision:

Mr Coles demonstrated the video films, which clearly showed Mr Turner striking his mount 14 times before the 200 metres, without giving the required respite. 

Mr Turner stated that his mount was responding to the whip and he got up to finish within a nose of the winner.

Submissions for Penalty:

Mr Coles told the committee that Mr Turner had a poor record under this rule and had been charged eight times over the last three seasons, although this is his first charge in the current season.  Mr Coles said that on the last occasion, he was fined $500 and submitted that the penalty today should be a suspension of 3 days.

Mr Turner said that he had commitments up to and including 8 December.

Reasons for Penalty:

The committee considered all the evidence and submissions as presented.  The committee is obviously concerned that Mr Turner has reoffended so many times under this rule.  For these reasons we consider a suspension is an appropriate 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: 47a3f88b2a6d1623e8c9e37ed3b207b5


informantnumber: A2011


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 23/11/2011


hearing_title: R Rotorua 1 December 2011 - R 5


charge:

Excessive use of whip.


facts:

Following race 5, an information was filed pursuant to rule 638(3)(b).  Mr A Coles alleged that Mr P Turner used his whip excessively on his mount, MAGIC EPIC.


appealdecision:


isappeal:


submissionsfordecision:

Mr Coles demonstrated the video films, which clearly showed Mr Turner striking his mount 14 times before the 200 metres, without giving the required respite. 

Mr Turner stated that his mount was responding to the whip and he got up to finish within a nose of the winner.


reasonsfordecision:


Decision:

As the breach was admitted, we find the charge proved.


sumissionsforpenalty:

Mr Coles told the committee that Mr Turner had a poor record under this rule and had been charged eight times over the last three seasons, although this is his first charge in the current season.  Mr Coles said that on the last occasion, he was fined $500 and submitted that the penalty today should be a suspension of 3 days.

Mr Turner said that he had commitments up to and including 8 December.


reasonsforpenalty:

The committee considered all the evidence and submissions as presented.  The committee is obviously concerned that Mr Turner has reoffended so many times under this rule.  For these reasons we consider a suspension is an appropriate penalty.


penalty:

After considering all of the above facts, we impose a suspension on Mr Turner from riding in races, which is to start after racing on 8 December and concludes after racing on 11 December 2011 (3 days).  This deferment comes pursuant to rule 1106.


hearing_type: Hearing


Rules: 638(3)(3)


Informant: Mr A Coles


JockeysandTrainer: Mr P Turner


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 273583fc8ada64a0d93dbffebe218649


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: cfb54ec5b39534326ab3b974ddd6456e


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/12/2011


meet_title: Racing Rotorua - 1 December 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "160", "Total": "99.2", "kmprice": 99.200000000000003, "Approved": "on"}]


meet_otherexp:


tracklocation: racing-rotorua


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: GTankard


meet_pm2: none


name: Racing Rotorua