Banks Peninsula TC 15 April 2012 – R 10
ID: JCA12718
Meet Title:
Banks Peninsula TC - 15 April 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2012/04/15
Race Number:
R 10
Decision:
As Mr Thomas had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr Thomas was suspended for three days and fined the sum of $200-00.
Charge:
Alleged excessive use of the whip.
Facts:
Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault against Junior Horseman, Mr BM Thomas alleging a breach of Rule 869(2)(a) in that he used his whip excessively on his horse “Shifty Shivas” (3).
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) Mr Thomas used his whip excessively in the home straight”.
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 Thomas is a Junior Horseman, and he was assisted at this hearing by Open Horseman Mr GD Smith. Mr Thomas had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Thomas also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Renault gave evidence and used video coverage to show that Mr Thomas had used his whip on approximately 23 occasions in the run home. Although the use was sometimes continuous, Mr Thomas did use alternative means on occasions, but overall his whip use was “too much”.
Mr Smith said in explanation that it is a long straight at Motukarara, and that as it was a tight finish Mr Thomas was trying to get the best out of his horse. Mr Thomas finished 5th in this race, and the margins between 2nd and 5th were a ½ neck, a ½ head and a head. It was emphasised that Mr Thomas fully accepted that he had been in breach of the Rule.
Submissions for Penalty:
In relation to penalty Mr Renault advised that Mr Thomas has had 60 drives this season and 50 last season. Mr Thomas had three previous relevant breaches of this Rule, these being on 26 April 2011 when he was fined $200-00, on 14 August 2011 when he was fined $250-00, and on 26 December 2011 when he was suspended for 2 days. Taking into account Mr Thomas’s admission of the breach, and the previous breaches, Mr Renault submitted that a suspension for 10 drives should be imposed in this case. We note here that Mr Thomas had one drive a week last season, and that so far this season he has had an average of less than two drives per week.
Mr Smith said that Mr Thomas has been driving more regularly this season and that the bulk of his 60 drives had been in the last 3 months. He also said that Mr Thomas has the opportunity to drive a good horse in the Group 1 Taylor Mile at Auckland on 27 April 2012. This drive would be a special event for Mr Thomas. Mr Smith submitted that a combination of a fine and a suspension be considered to enable Mr Thomas to drive on the 27 April 2012.
In response Mr Renault accepted that a suspension combined with a fine of $200-00 would be appropriate.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
We took into account Mr Thomas’s admission of this breach. We also needed to take into account that this is Mr Thomas’s 4th breach in the last 12 months, but note that the breach on 26 April 2011 was almost a year ago, and that he has not been in breach of this Rule for nearly 4 months. We accept Mr Smith’s submission that Mr Thomas’s chance to drive in a Group 1 race is a matter we should take into account.
Taking all these matters into account we decided that Mr Thomas’s Junior Horseman’s licence would be suspended from after racing today, the 15 April 2012, until after the completion of racing on 26 April 2012. This is a three day suspension, the days being 20 April 2012 at NZMTC, 26 April 2012 at Marlborough (day meeting), and 26 April 2012 at NZMTC (night meeting).
In addition Mr Thomas was fined the sum of $200-00.
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: 4e2addffda170c5498c227d5b9d23464
informantnumber: A5096
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 18/04/2012
hearing_title: Banks Peninsula TC 15 April 2012 - R 10
charge:
Alleged excessive use of the whip.
facts:
Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault against Junior Horseman, Mr BM Thomas alleging a breach of Rule 869(2)(a) in that he used his whip excessively on his horse “Shifty Shivas” (3).
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) Mr Thomas used his whip excessively in the home straight”.
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 Thomas is a Junior Horseman, and he was assisted at this hearing by Open Horseman Mr GD Smith. Mr Thomas had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Thomas also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and used video coverage to show that Mr Thomas had used his whip on approximately 23 occasions in the run home. Although the use was sometimes continuous, Mr Thomas did use alternative means on occasions, but overall his whip use was “too much”.
Mr Smith said in explanation that it is a long straight at Motukarara, and that as it was a tight finish Mr Thomas was trying to get the best out of his horse. Mr Thomas finished 5th in this race, and the margins between 2nd and 5th were a ½ neck, a ½ head and a head. It was emphasised that Mr Thomas fully accepted that he had been in breach of the Rule.
reasonsfordecision:
Decision:
As Mr Thomas had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr Renault advised that Mr Thomas has had 60 drives this season and 50 last season. Mr Thomas had three previous relevant breaches of this Rule, these being on 26 April 2011 when he was fined $200-00, on 14 August 2011 when he was fined $250-00, and on 26 December 2011 when he was suspended for 2 days. Taking into account Mr Thomas’s admission of the breach, and the previous breaches, Mr Renault submitted that a suspension for 10 drives should be imposed in this case. We note here that Mr Thomas had one drive a week last season, and that so far this season he has had an average of less than two drives per week.
Mr Smith said that Mr Thomas has been driving more regularly this season and that the bulk of his 60 drives had been in the last 3 months. He also said that Mr Thomas has the opportunity to drive a good horse in the Group 1 Taylor Mile at Auckland on 27 April 2012. This drive would be a special event for Mr Thomas. Mr Smith submitted that a combination of a fine and a suspension be considered to enable Mr Thomas to drive on the 27 April 2012.
In response Mr Renault accepted that a suspension combined with a fine of $200-00 would be appropriate.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
We took into account Mr Thomas’s admission of this breach. We also needed to take into account that this is Mr Thomas’s 4th breach in the last 12 months, but note that the breach on 26 April 2011 was almost a year ago, and that he has not been in breach of this Rule for nearly 4 months. We accept Mr Smith’s submission that Mr Thomas’s chance to drive in a Group 1 race is a matter we should take into account.
Taking all these matters into account we decided that Mr Thomas’s Junior Horseman’s licence would be suspended from after racing today, the 15 April 2012, until after the completion of racing on 26 April 2012. This is a three day suspension, the days being 20 April 2012 at NZMTC, 26 April 2012 at Marlborough (day meeting), and 26 April 2012 at NZMTC (night meeting).
In addition Mr Thomas was fined the sum of $200-00.
penalty:
Mr Thomas was suspended for three days and fined the sum of $200-00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer: Mr BM Thomas - Junior Horseman
Otherperson: Mr GD Smith - Open Horseman assisting Mr Thomas
PersonPresent:
Respondent:
StipendSteward:
raceid: fbffe7a9b6afbfc765335e8e66a2f6c1
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: a6eca4c1a1c6e7978b524809f60c4d14
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/04/2012
meet_title: Banks Peninsula TC - 15 April 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Banks Peninsula TC