Franklin TC 26 November 2010- R 5
ID: JCA12790
Meet Title:
Franklin TC - 26 November 2010
Meet Chair:
BRowe
Meet Committee Member 1:
BScott
Race Date:
2010/11/26
Race Number:
R 5
Decision:
This is a clear cut case. The charge is proved.
Penalty:
Balancing the above matters but with emphasis on the previous breach, Mr Downey’s Horsemans Licence is suspended for 2 days commencing end of racing tonight, concluding end of racing on 9th December 2010.
Charge:
Used his whip excessively when driving TOSTI BOY over the concluding stages of the race.
Facts:
The Chairman read and explained the relevant guidelines issued by the Chief Stipendiary Steward on the 1st June 2009. Stipendiary Steward Mr J Muirhead showed and interpreted the video films of the incident. He said Mr Downey hit TOSTI BOY with his whip on two occasions with 150metres to run and then struck the horse further 22 times continuously, firstly backhand strikes and then forehand strikes.
Submissions for Decision:
Mr Downey said he drove the horse when it finished second at its last start – it finished second “by not flogging it like this”. He did not dispute the evidence of Mr Muirhead as to the number of strikes and the continuous striking of the horse.
Both Mr Downey and Mr Mangos said TOSTI BOY was a lazy horse.
Reasons for Decision:
The evidence from the video films is clear cut and conclusive and confirms the evidence of Mr Muirhead. In addition that evidence was not challenged by Mr Downey. The striking of the horse with the whip on twenty four occasions is “too much” as referred to in the guidelines. Continuous striking with the whip is also in contravention of the guidelines.
Submissions for Penalty:
Mr Muirhead said Mr Downey had a previous breach of this rule on the 2nd July 2010 and on that occasion was fined $250. He said the offending was mid to upper range. He submitted that a fine in the range of $250 - $500 or a 2 day suspension was appropriate.
Mr Downey accepted the submissions of Mr Muirhead and said he would prefer a suspension.
Reasons for Penalty:
In fixing penalty the committee takes into account the submissions of Mr Muirhead, the acceptance of them by Mr Downey, the previous breach of the rule, the recommended starting point of a $250 fine or 1 week suspension, the Junior Horseman status of Mr Downey and views the offending as mid range.
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: 589542c4f47d23a8dde9c113005f8584
informantnumber: 68923
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 22/11/2010
hearing_title: Franklin TC 26 November 2010- R 5
charge:
Used his whip excessively when driving TOSTI BOY over the concluding stages of the race.
facts:
The Chairman read and explained the relevant guidelines issued by the Chief Stipendiary Steward on the 1st June 2009. Stipendiary Steward Mr J Muirhead showed and interpreted the video films of the incident. He said Mr Downey hit TOSTI BOY with his whip on two occasions with 150metres to run and then struck the horse further 22 times continuously, firstly backhand strikes and then forehand strikes.
appealdecision:
isappeal:
submissionsfordecision:
Mr Downey said he drove the horse when it finished second at its last start – it finished second “by not flogging it like this”. He did not dispute the evidence of Mr Muirhead as to the number of strikes and the continuous striking of the horse.
Both Mr Downey and Mr Mangos said TOSTI BOY was a lazy horse.
reasonsfordecision:
The evidence from the video films is clear cut and conclusive and confirms the evidence of Mr Muirhead. In addition that evidence was not challenged by Mr Downey. The striking of the horse with the whip on twenty four occasions is “too much” as referred to in the guidelines. Continuous striking with the whip is also in contravention of the guidelines.
Decision:
This is a clear cut case. The charge is proved.
sumissionsforpenalty:
Mr Muirhead said Mr Downey had a previous breach of this rule on the 2nd July 2010 and on that occasion was fined $250. He said the offending was mid to upper range. He submitted that a fine in the range of $250 - $500 or a 2 day suspension was appropriate.
Mr Downey accepted the submissions of Mr Muirhead and said he would prefer a suspension.
reasonsforpenalty:
In fixing penalty the committee takes into account the submissions of Mr Muirhead, the acceptance of them by Mr Downey, the previous breach of the rule, the recommended starting point of a $250 fine or 1 week suspension, the Junior Horseman status of Mr Downey and views the offending as mid range.
penalty:
Balancing the above matters but with emphasis on the previous breach, Mr Downey’s Horsemans Licence is suspended for 2 days commencing end of racing tonight, concluding end of racing on 9th December 2010.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr J Muirhead, Sitpendiary Steward
JockeysandTrainer: Mr R Downey, Junior Driver
Otherperson: Mr B Mangos, Senior Horseman assisting Mr Downey
PersonPresent:
Respondent:
StipendSteward:
raceid: 4ac096bc1bf9bb10f85aa6d5a1f04159
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: 5ee39bfcc5d5f267a370dc38367df378
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/11/2010
meet_title: Franklin TC - 26 November 2010
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "BScott", "Member": "", "OtherExpenses": "0", "KMs": "106", "Total": "65.72", "kmprice": 65.719999999999999, "Approved": "on"}]
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: BRowe
meet_pm1: BScott
meet_pm2: none
name: Franklin TC