NZ Metro TC 17 October 2014 – R 7
ID: JCA12922
Meet Title:
NZ Metro TC - 17 October 2014
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2014/10/17
Race Number:
R7
Decision:
DECISION:
Mr Thornley having admitted the breach, the charge was found proved.
Penalty:
Mr Thornley was fined the sum of $150.
Facts:
Following the running of Race 7, John Jones Steel Ltd & Papanui Catholic Parish Mobile Pace, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr C D Thornley, alleging that Mr Thornley, as the driver of JOHNY ROCK in the race, “used his whip outside the confines of the sulky when striking the sulky wheel discs”.
Mr Thornley had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr McIntyre informed the Committee that Mr Thornley did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(d) project his whip outside the sulky or draw his whip further back than the sulky seat.
Mr McIntyre showed video replays of the final 400 metres of the race. He pointed out JOHNY ROCK, driven by Mr Thornley, racing at the back of the field on the outside. He then pointed out Mr Thornley use his whip in a “downward motion” towards the sulky wheel and, in particular, the wheel discs. Some strikes may have been forward of the wheel but outside the confines of the sulky. The earlier strikes, some 3 or 4, were definitely on the wheel discs, Mr McIntyre submitted.
Mr McIntyre said that the horse does not like the whip and it was necessary for the driver to “kid to” the horse.
Submissions for Penalty:
Mr McIntyre informed the Committee that, in the 2013/2014 season, Mr Thornley had a total of 487 drives and in the current season to date, 71 drives. Mr Thornley’s driving record could be described as “excellent”, Mr McIntyre said.
Mr McIntyre referred to a similar case in November 2013 at Forbury Park in which the driver was fined the sum of $150. Other fines have been in the vicinity of $200 but, Mr McIntyre submitted, a fine of $150 would be sufficient, taking into account Mr Thornley’s record.
Reasons for Penalty:
In determining penalty, the Committee took the starting point of a fine of $200 as provided in the Penalty Guide. From that starting point, the Committee was able to give Mr Thornley a discount of $50 for his admission of the breach and his very good record. The Committee also referred to its database of penalties and noted the penalty for a number of similar breaches of the Rule at $150.
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: 69835d1df0903ae65ea8539df519ee59
informantnumber: A1598
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Used whip outside the confines of sulky
plea: admitted
penaltyrequired: 1
decisiondate: 17/10/2014
hearing_title: NZ Metro TC 17 October 2014 - R 7
charge:
facts:
Following the running of Race 7, John Jones Steel Ltd & Papanui Catholic Parish Mobile Pace, an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr C D Thornley, alleging that Mr Thornley, as the driver of JOHNY ROCK in the race, “used his whip outside the confines of the sulky when striking the sulky wheel discs”.
Mr Thornley had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr McIntyre informed the Committee that Mr Thornley did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(d) project his whip outside the sulky or draw his whip further back than the sulky seat.
Mr McIntyre showed video replays of the final 400 metres of the race. He pointed out JOHNY ROCK, driven by Mr Thornley, racing at the back of the field on the outside. He then pointed out Mr Thornley use his whip in a “downward motion” towards the sulky wheel and, in particular, the wheel discs. Some strikes may have been forward of the wheel but outside the confines of the sulky. The earlier strikes, some 3 or 4, were definitely on the wheel discs, Mr McIntyre submitted.
Mr McIntyre said that the horse does not like the whip and it was necessary for the driver to “kid to” the horse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
DECISION:
Mr Thornley having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre informed the Committee that, in the 2013/2014 season, Mr Thornley had a total of 487 drives and in the current season to date, 71 drives. Mr Thornley’s driving record could be described as “excellent”, Mr McIntyre said.
Mr McIntyre referred to a similar case in November 2013 at Forbury Park in which the driver was fined the sum of $150. Other fines have been in the vicinity of $200 but, Mr McIntyre submitted, a fine of $150 would be sufficient, taking into account Mr Thornley’s record.
reasonsforpenalty:
In determining penalty, the Committee took the starting point of a fine of $200 as provided in the Penalty Guide. From that starting point, the Committee was able to give Mr Thornley a discount of $50 for his admission of the breach and his very good record. The Committee also referred to its database of penalties and noted the penalty for a number of similar breaches of the Rule at $150.
penalty:
Mr Thornley was fined the sum of $150.
hearing_type: Hearing
Rules: 869(2)(c)
Informant: Mr NG McIntyre - Co-Chief Stipendiary Steward
JockeysandTrainer: CD Thornley - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 326dd6f05f148328fc8193b862a5cb97
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fca047cb2607afa0c7c453aa01fae6ae
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/10/2014
meet_title: NZ Metro TC - 17 October 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC