Manawatu Harness 20 March 2011 – R 3
ID: JCA14027
Meet Title:
Manawatu HRC - 20 March 2011
Meet Chair:
TCastles
Meet Committee Member 1:
NMcCutcheon
Race Date:
2011/03/20
Race Number:
R3
Decision:
Mr. Mitchell, we find the charge proved.
Penalty:
Mr. Mitchell you are fined the sum of $450.00.
Charge:
Alledged breach of rule 869 (2) (a).
Facts:
T. W. Mitchell, driver of 'Western Roll', did not admit a breach of rule 869 (2) (a) in that he used his whip in an excessive manner from the 300 metre when striking his horse 22 times.
Submissions for Decision:
Stipendiary Steward Mr. Renault using the available films pointed out the final 300 metres of the race. He pointed out the position of Mr. Mitchell's horse and the number of strikes it received approaching the 300 metre mark and then in the run down the home straight. He informed the committee that the horse was struck 5 times and then upon the rounding the bend was hit a further 17 times in the run to the line. He believed there was constant striking of the horse in question and the whip was not broken up. Upon questioning from the committee, he did agree that there was a short period after the first 5 strikes where there may have been a short respite for a stride or two.
Mr. Mitchell told the committee that he did give his drive a short break on rounding the bend and felt it was not continuous from the 300 metres.
Mr. Taumanu quoting from the guidelines indicated to the committee that excess means too much and it applies to striking the horse or its sulky.
When questioned if Mr. Mitchell gave his drive a break he agreed that he probably gave it a minor break. He did state that the rules and guidelines make no mention of the number of strikes in the home straight.
He did point out that Mr. Mitchell finished 2nd.
There were no further submissions from the parties.
Reasons for Decision:
The committee carefully scrutinised the available films. The rules and guidelines clearly state that excessive use of whip means too much. All parties agree that there was a short respite given to Mr. Mitchells drive after the first 5 strikes albeit for a stride or two. The committee carefully considered the driving of Mr. Mitchell on rounding the bend and on straightening up. We feel that the horse was struck excessively in the run to the line (a total of 17 times) and that on a number of occasions with much greater force than necessary.
Submissions for Penalty:
Mr. Taumanu produced Mr. Mitchell's record under this rule. He was suspended for 3 days on the 23/10/2011, two other charges under this rule resulted in fines of $300.00 and $150.00 respectively.
He informed the committee that Mr. Mitchell was a prominent and busy horseman driving all over New Zealand. He had commitments for the upcoming Inter Dominion Championships. He felt the offence was in the mid way range and believed the breach was best answered by way of a fine.
Mr. Mitchell had no comment to make other than to say he favoured a monetary penalty.
Reasons for Penalty:
Mr. Mitchell in coming to our decision to impose a fine for this breach we have taken into account your record which considering the number of drives you have had since your suspension on the 23/10/2010 is good.
We have also considered that as a senior horseman you have and will have driving commitments at the Inter Dominions. We do concur with all parties that there was a short period perhaps a stride or two when you drive was not struck. However we are concerned with the force used on a number of occasions by you in the run to the line, and the lack of any break from whip use in the run to the line.
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: 8e9eac7f9747dcd856dcc2fb39f09791
informantnumber: 69260
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 24/02/2011
hearing_title: Manawatu Harness 20 March 2011 - R 3
charge:
Alledged breach of rule 869 (2) (a).
facts:
T. W. Mitchell, driver of 'Western Roll', did not admit a breach of rule 869 (2) (a) in that he used his whip in an excessive manner from the 300 metre when striking his horse 22 times.
appealdecision:
isappeal:
submissionsfordecision:
Stipendiary Steward Mr. Renault using the available films pointed out the final 300 metres of the race. He pointed out the position of Mr. Mitchell's horse and the number of strikes it received approaching the 300 metre mark and then in the run down the home straight. He informed the committee that the horse was struck 5 times and then upon the rounding the bend was hit a further 17 times in the run to the line. He believed there was constant striking of the horse in question and the whip was not broken up. Upon questioning from the committee, he did agree that there was a short period after the first 5 strikes where there may have been a short respite for a stride or two.
Mr. Mitchell told the committee that he did give his drive a short break on rounding the bend and felt it was not continuous from the 300 metres.
Mr. Taumanu quoting from the guidelines indicated to the committee that excess means too much and it applies to striking the horse or its sulky.
When questioned if Mr. Mitchell gave his drive a break he agreed that he probably gave it a minor break. He did state that the rules and guidelines make no mention of the number of strikes in the home straight.
He did point out that Mr. Mitchell finished 2nd.
There were no further submissions from the parties.
reasonsfordecision:
The committee carefully scrutinised the available films. The rules and guidelines clearly state that excessive use of whip means too much. All parties agree that there was a short respite given to Mr. Mitchells drive after the first 5 strikes albeit for a stride or two. The committee carefully considered the driving of Mr. Mitchell on rounding the bend and on straightening up. We feel that the horse was struck excessively in the run to the line (a total of 17 times) and that on a number of occasions with much greater force than necessary.
Decision:
Mr. Mitchell, we find the charge proved.
sumissionsforpenalty:
Mr. Taumanu produced Mr. Mitchell's record under this rule. He was suspended for 3 days on the 23/10/2011, two other charges under this rule resulted in fines of $300.00 and $150.00 respectively.
He informed the committee that Mr. Mitchell was a prominent and busy horseman driving all over New Zealand. He had commitments for the upcoming Inter Dominion Championships. He felt the offence was in the mid way range and believed the breach was best answered by way of a fine.
Mr. Mitchell had no comment to make other than to say he favoured a monetary penalty.
reasonsforpenalty:
Mr. Mitchell in coming to our decision to impose a fine for this breach we have taken into account your record which considering the number of drives you have had since your suspension on the 23/10/2010 is good.
We have also considered that as a senior horseman you have and will have driving commitments at the Inter Dominions. We do concur with all parties that there was a short period perhaps a stride or two when you drive was not struck. However we are concerned with the force used on a number of occasions by you in the run to the line, and the lack of any break from whip use in the run to the line.
penalty:
Mr. Mitchell you are fined the sum of $450.00.
hearing_type: Hearing
Rules: 869 (2) (a)
Informant: T. W. Taumanu
JockeysandTrainer: T. W. Mitchell
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 831b05e9c690fe94921b6bbbeab723aa
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 387b04b5c265c9a0f4f479410149a476
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/03/2011
meet_title: Manawatu HRC - 20 March 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "TCastles", "Member": "", "OtherExpenses": "0", "KMs": "206", "Total": "127.72", "kmprice": 127.72, "Approved": "on"}]
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TCastles
meet_pm1: NMcCutcheon
meet_pm2: none
name: Manawatu HRC