Archive Decision

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Morrinsville TC 12 January 2014 – R 1

ID: JCA13575

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr T Vince - Amateur Horseman

Information Number:
A2513

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Morrinsville TC - 12 January 2014

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2014/01/12

Race Number:
R1

Decision:

As Mr Vince has admitted the breach we find the charge proved.

Penalty:

Accordingly we impose a fine of $200 on Mr Vince.

Facts:

Following the running of Race 1, the Jubilee Park Amateur Drivers Mobile Pace, an information was laid by Mr Muirhead, Stipendiary Steward, alleging that Amateur Driver Mr T Vince had used his whip excessively driving KILARNEY GUY over the concluding stages of the race.

Mr Vince admitted the breach and chose not to be present in person at the hearing.

Rule 869(2)(a) states 'No horseman shall in any race-use his whip in an excessive manner'.

Mr Muirhead demonstrated the breach on the available video fims. He identified the horse KILARNEY GUY in the lead as the field turned into the home straight. At approximately the 450 metre mark Mr Vince began striking the horse with his whip. Between this point and the finishing line, Mr Vince used his whip approximately 36 times. However Mr Muirhead submitted that the strikes were not forceful but Mr Vince continuously used the whip on the sulky shaft and the horse in the run to the finish line. He added that Mr Vince did not follow the guidelines in that he did not 'break it up' between strikes. 

Submissions for Penalty:

Mr Muirhead submitted that Mr Vince should be given credit for his admission of the breach and his clear record under this rule. He added that the Stewards were of the opinion that this breach was not the most serious they had seen. He referred to the JCA penalty guide which showed a starting point of $300. He added that the Stewards viewed this breach to be at the low end of the scale and submitted that a fine below the starting  point would be appropriate.

As Mr Vince was not present there were no submissions regarding the penalty.

Reasons for Penalty:

The Committee carefully considered the submissions which were made by Mr Muirhead. It is to Mr Vince's favour that he has admitted the breach. We accept that he has a clear record in regard to breaches of this rule, and that this breach was at the lower end of the scale due to a number of strikes not being applied to the horse. Mr Vince, being an amateur driver does not have many opportunities to race-drive, however he is still required to follow the guidelines laid down for all drivers. We referred to similar penalties imposed for breaches of this rule, we were satisfied that a fine of $200 was an appropriate penalty in this case.

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: 4882a2d870d325b30126a572a2541d4c


informantnumber: A2513


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 06/01/2014


hearing_title: Morrinsville TC 12 January 2014 - R 1


charge:


facts:

Following the running of Race 1, the Jubilee Park Amateur Drivers Mobile Pace, an information was laid by Mr Muirhead, Stipendiary Steward, alleging that Amateur Driver Mr T Vince had used his whip excessively driving KILARNEY GUY over the concluding stages of the race.

Mr Vince admitted the breach and chose not to be present in person at the hearing.

Rule 869(2)(a) states 'No horseman shall in any race-use his whip in an excessive manner'.

Mr Muirhead demonstrated the breach on the available video fims. He identified the horse KILARNEY GUY in the lead as the field turned into the home straight. At approximately the 450 metre mark Mr Vince began striking the horse with his whip. Between this point and the finishing line, Mr Vince used his whip approximately 36 times. However Mr Muirhead submitted that the strikes were not forceful but Mr Vince continuously used the whip on the sulky shaft and the horse in the run to the finish line. He added that Mr Vince did not follow the guidelines in that he did not 'break it up' between strikes. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Vince has admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Muirhead submitted that Mr Vince should be given credit for his admission of the breach and his clear record under this rule. He added that the Stewards were of the opinion that this breach was not the most serious they had seen. He referred to the JCA penalty guide which showed a starting point of $300. He added that the Stewards viewed this breach to be at the low end of the scale and submitted that a fine below the starting  point would be appropriate.

As Mr Vince was not present there were no submissions regarding the penalty.


reasonsforpenalty:

The Committee carefully considered the submissions which were made by Mr Muirhead. It is to Mr Vince's favour that he has admitted the breach. We accept that he has a clear record in regard to breaches of this rule, and that this breach was at the lower end of the scale due to a number of strikes not being applied to the horse. Mr Vince, being an amateur driver does not have many opportunities to race-drive, however he is still required to follow the guidelines laid down for all drivers. We referred to similar penalties imposed for breaches of this rule, we were satisfied that a fine of $200 was an appropriate penalty in this case.


penalty:

Accordingly we impose a fine of $200 on Mr Vince.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer: Mr T Vince - Amateur Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: bfaa0e209e7d7b1127a7e56ea2cf641b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


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race_chair:


race_pm1:


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meetid: eff82cb8b3a0489a35bcc347fde772f8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/01/2014


meet_title: Morrinsville TC - 12 January 2014


meet_expappcomment:


meet_km:


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tracklocation: morrinsville-tc


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Morrinsville TC