Marlborough HRC 11 January 2013 – R 1
ID: JCA12322
Meet Title:
Marlborough HRC - 11 January 2013
Meet Chair:
KHales
Meet Committee Member 1:
PWilliams
Race Date:
2013/01/11
Race Number:
R1
Decision:
As Mr Jones has admitted the charge, it is therefore deemed to be proved.
Penalty:
Mr Jones is fined $150.
Charge:
It was alleged that Mr Jones used his whip after the post which the Stewards deemed to be unnecessary.
Facts:
Mr Renault told the hearing that during the running of Race 1, Mr Jones' horse, "Glenferrie Sunbird" broke from its gait on a number of occasions, but each time it regained its gait and caught the field. However, after the race, Stipendiary Steward, Mr S Wallis, noticed quite a significant welt mark on the horse. He questioned Mr Jones about this. Mr Jones told him that as the field was slowing down after the race that "Glenferrie Sunbird" had tried to kick him and swung sideways in the process. As a consequence of this, Mr Jones said that he whipped the horse by way of a "corrective action", because in his opinion, the horse was acting in an unsafe manner. Mr Jones was open and honest in his explanation.
There was no video evidence of the incident. Mr Jones elected not to appear before the hearing.
Submissions for Penalty:
Mr Renault told the hearing that Mr Jones has had 227 drives during the current season, and has not been charged with any breaches of the rules within the last 12 months. However, having regard to where the incident occurred, Mr Renault was concerned about the public's perception of the matter, and even though this kind of incident was a rare occurrence, it was of concern to the Stipendiary Stewards, it being a matter of animal welfare.
Mr Renault submitted that a fine of $250 should be imposed.
Reasons for Penalty:
For the purposes of penalty we adopted a starting point of $250 in this instance. There were no aggravating features of significance which warranted an uplift on our starting point. However, we accepted Mr Jones' explanation that he was taking "corrective action" on a horse that was acting unsafely, and thus we regarded that as a mitigating factor. We also gave Mr Jones credit for his early admission of the breach and also for his excellent record. This enabled us to afford a discount of $100 on our starting point of $250.
JCA Decision Fields (raw)
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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: 4e8b5d0da78b852ea21d90361991a716
informantnumber: A4953
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 18/12/2012
hearing_title: Marlborough HRC 11 January 2013 - R 1
charge:
It was alleged that Mr Jones used his whip after the post which the Stewards deemed to be unnecessary.
facts:
Mr Renault told the hearing that during the running of Race 1, Mr Jones' horse, "Glenferrie Sunbird" broke from its gait on a number of occasions, but each time it regained its gait and caught the field. However, after the race, Stipendiary Steward, Mr S Wallis, noticed quite a significant welt mark on the horse. He questioned Mr Jones about this. Mr Jones told him that as the field was slowing down after the race that "Glenferrie Sunbird" had tried to kick him and swung sideways in the process. As a consequence of this, Mr Jones said that he whipped the horse by way of a "corrective action", because in his opinion, the horse was acting in an unsafe manner. Mr Jones was open and honest in his explanation.
There was no video evidence of the incident. Mr Jones elected not to appear before the hearing.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Jones has admitted the charge, it is therefore deemed to be proved.
sumissionsforpenalty:
Mr Renault told the hearing that Mr Jones has had 227 drives during the current season, and has not been charged with any breaches of the rules within the last 12 months. However, having regard to where the incident occurred, Mr Renault was concerned about the public's perception of the matter, and even though this kind of incident was a rare occurrence, it was of concern to the Stipendiary Stewards, it being a matter of animal welfare.
Mr Renault submitted that a fine of $250 should be imposed.
reasonsforpenalty:
For the purposes of penalty we adopted a starting point of $250 in this instance. There were no aggravating features of significance which warranted an uplift on our starting point. However, we accepted Mr Jones' explanation that he was taking "corrective action" on a horse that was acting unsafely, and thus we regarded that as a mitigating factor. We also gave Mr Jones credit for his early admission of the breach and also for his excellent record. This enabled us to afford a discount of $100 on our starting point of $250.
penalty:
Mr Jones is fined $150.
hearing_type: Hearing
Rules: Rule 869(2)(a), No horseman shall during any race use his whip in a an unnecessary, excessive or improper manner
Informant: S Renault - Stipendiary Steward
JockeysandTrainer: M Jones - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 215fd0856ad8cd211322cd57bfa6ad6d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 89f826b6a7cea44175056a0a0ef98355
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/01/2013
meet_title: Marlborough HRC - 11 January 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: PWilliams
meet_pm2: none
name: Marlborough HRC