Kapiti Coast HRC 23 January 2011 – R 6
ID: JCA14125
Meet Title:
Kapiti Coast HRC - 23 January 2011
Meet Chair:
PWilliams
Meet Committee Member 1:
NMcCutcheon
Race Date:
2011/01/23
Race Number:
R6
Decision:
As Mr Fleming had admitted the breach of the rules it was found to be proved in accordance with Rule 1111 (1d).
Penalty:
We believe a suspension is an appropriate penalty in this case and Mr Fleming is suspended from the close of racing today until the close of racing on Thursday 10 February 2010 – 2 Central Districts race days. The two days covered by this period of suspension are Tuesday 8 February 2010 (Wairarapa HRC ) and Thursday 10 February 2010 (Manawatu HRC).
Charge:
Following the running of race 6, information 69127 was filed by Stipendiary Steward Mr T Taumanu under rule 869 (2) (a). The information stated that “P B Fleming “Broadway” used his whip in an excessive manner in the run home 28 times”.
Rule 869(2) (a) states – “No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
Mr Fleming initially indicated the breach of the rule was not admitted. However, after seeing the film of his drive shown during the hearing he sought the approval of the Committee to change his plea to one of admitting the breach – the request was approved.
Facts:
Mr Taumanu used the side-on view of the film to identify Mr Fleming and to show what had occurred. He said that Mr Fleming was in the lead rounding the home turn and from the 300m mark he struck his horse 28 times with the whip. He said it was a case of too many strikes even though there was a slight pause part way down the straight when he changed the reins from one hand to the other.
After seeing the film Mr Fleming asked to be able to change his plea to one of admitting the breach. He agreed that he struck his horse 28 times but felt some of the early strikes were just flicks with the whip. He said he thought he knew what the use of whip guidelines said but to ensure there was no confusion the guidelines relating to excessive use of the whip were read to him.
Submissions for Penalty:
Mr Taumanu said Mr Fleming had been charged under this rule on 19 December 2010 at Wanganui and had been fined $250. He said that, given it was only just over 4 weeks since that charge, Mr Fleming should be fined between $350 and $400 or given a period of suspension. He described the offending as above the mid range. He confirmed Mr Fleming had had approximately 25 drives this season and had 17 lifetime wins.
Mr Fleming reiterated that many of the strikes were only flicks with the whip. He said he only drove the 2 horses he had in work at Central Districts meetings and could not afford a fine and would prefer a period of suspension.
Reasons for Penalty:
The Committee has reviewed the films and listened to the evidence presented. We have noted that Mr Fleming changed his plea during the course of hearing. The committee agrees Mr Fleming did strike his horse 28 times in the home straight and considers the offending to be at the mid range. We have also noted that this is the second charge under this rule in just over 4 weeks and also Mr Fleming’s preference for a suspension over a fine.
JCA Decision Fields (raw)
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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: 9b00a9cf6747314f2cfceb5491ca1b27
informantnumber: 69127
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: Kapiti Coast HRC 23 January 2011 - R 6
charge:
Following the running of race 6, information 69127 was filed by Stipendiary Steward Mr T Taumanu under rule 869 (2) (a). The information stated that “P B Fleming “Broadway” used his whip in an excessive manner in the run home 28 times”.
Rule 869(2) (a) states – “No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
Mr Fleming initially indicated the breach of the rule was not admitted. However, after seeing the film of his drive shown during the hearing he sought the approval of the Committee to change his plea to one of admitting the breach – the request was approved.
facts:
Mr Taumanu used the side-on view of the film to identify Mr Fleming and to show what had occurred. He said that Mr Fleming was in the lead rounding the home turn and from the 300m mark he struck his horse 28 times with the whip. He said it was a case of too many strikes even though there was a slight pause part way down the straight when he changed the reins from one hand to the other.
After seeing the film Mr Fleming asked to be able to change his plea to one of admitting the breach. He agreed that he struck his horse 28 times but felt some of the early strikes were just flicks with the whip. He said he thought he knew what the use of whip guidelines said but to ensure there was no confusion the guidelines relating to excessive use of the whip were read to him.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Fleming had admitted the breach of the rules it was found to be proved in accordance with Rule 1111 (1d).
sumissionsforpenalty:
Mr Taumanu said Mr Fleming had been charged under this rule on 19 December 2010 at Wanganui and had been fined $250. He said that, given it was only just over 4 weeks since that charge, Mr Fleming should be fined between $350 and $400 or given a period of suspension. He described the offending as above the mid range. He confirmed Mr Fleming had had approximately 25 drives this season and had 17 lifetime wins.
Mr Fleming reiterated that many of the strikes were only flicks with the whip. He said he only drove the 2 horses he had in work at Central Districts meetings and could not afford a fine and would prefer a period of suspension.
reasonsforpenalty:
The Committee has reviewed the films and listened to the evidence presented. We have noted that Mr Fleming changed his plea during the course of hearing. The committee agrees Mr Fleming did strike his horse 28 times in the home straight and considers the offending to be at the mid range. We have also noted that this is the second charge under this rule in just over 4 weeks and also Mr Fleming’s preference for a suspension over a fine.
penalty:
We believe a suspension is an appropriate penalty in this case and Mr Fleming is suspended from the close of racing today until the close of racing on Thursday 10 February 2010 – 2 Central Districts race days. The two days covered by this period of suspension are Tuesday 8 February 2010 (Wairarapa HRC ) and Thursday 10 February 2010 (Manawatu HRC).
hearing_type: Hearing
Rules: 869 (2)(a)
Informant: Mr T Taumanu, Stipendiary Steward
JockeysandTrainer: Mr P Fleming, Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 620101ba7ce2cb40b8f2c47ed48fd13c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ca4c8ff0e491abd51824f2a52e1c4fcf
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/01/2011
meet_title: Kapiti Coast HRC - 23 January 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "PWilliams", "Member": "", "OtherExpenses": "0", "KMs": "130", "Total": "80.6", "kmprice": 80.599999999999994, "Approved": "on"}]
meet_otherexp:
tracklocation: kapiti-coast-hrc
meet_racingtype: harness-racing
meet_chair: PWilliams
meet_pm1: NMcCutcheon
meet_pm2: none
name: Kapiti Coast HRC