Archive Decision

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Manawatu HRC 19 February 2013 – R 4

ID: JCA14854

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr T Mitchell - Open Horseman

Other Person:
Mr S Wallis - Stipendiary Steward, Mr L Tidmarsh - Stipendiary Steward

Information Number:
A2317

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Manawatu HRC - 19 February 2013

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
PWilliams

Race Date:
2013/02/19

Race Number:
R 4

Decision:

As Mr Mitchell admitted the breach the charge was found proved.

Penalty:

Mr Mitchell is fined $200.

Charge:

Excessive use of the whip.

Facts:

Following the running of race 4, Information A2317 was filed by Stipendiary Steward Mr J Muirhead under Rule 869(2)(a). The information stated “You (Mr Mitchell) used your whip excessively over the concluding stages when driving “Pilot Officer”. Mr Mitchell signed the information admitting the breach and also stated on the Information that he did not wish to be present for the hearing.

Rule 869(2)(a) states:- “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner”.

Submissions for Decision:

Mr Muirhead used the back-on and head-on films to identify Mr Mitchell running on the outside of the leader as the horses were rounding the final bend into the home straight for the run home. He said from that point Mr Mitchell used his whip approximately 19-21 times with at least 3 of the early strikes being “backhanders”.

Submissions for Penalty:

Mr Muirhead said Mr Mitchell had not breached this Rule in the previous 12 months and submitted a fine between $200 and $300, but closer to $200, was an appropriate penalty.

Reasons for Penalty:

The Committee has reviewed the films of the incident and notes that Mr Mitchell did use his whip on approximately 20 occasions from a point on the final bend into the straight through to the finish line. The Committee also notes that 3 of the strikes early in the count were “backhanders”. The Committee notes this is Mr Mitchell’s first breach of the Rule for well over 18 months and that he admitted the breach at the earliest opportunity. The Committee has also reviewed recent penalties for similar “first time” breaches of this Rule and believes on this occasion a fine is an appropriate penalty.

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: 8458b1518dcc16cb189f57e6c748e8e8


informantnumber: A2317


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 19/02/2013


hearing_title: Manawatu HRC 19 February 2013 - R 4


charge:

Excessive use of the whip.


facts:

Following the running of race 4, Information A2317 was filed by Stipendiary Steward Mr J Muirhead under Rule 869(2)(a). The information stated “You (Mr Mitchell) used your whip excessively over the concluding stages when driving “Pilot Officer”. Mr Mitchell signed the information admitting the breach and also stated on the Information that he did not wish to be present for the hearing.

Rule 869(2)(a) states:- “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner”.


appealdecision:


isappeal:


submissionsfordecision:

Mr Muirhead used the back-on and head-on films to identify Mr Mitchell running on the outside of the leader as the horses were rounding the final bend into the home straight for the run home. He said from that point Mr Mitchell used his whip approximately 19-21 times with at least 3 of the early strikes being “backhanders”.


reasonsfordecision:


Decision:

As Mr Mitchell admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Muirhead said Mr Mitchell had not breached this Rule in the previous 12 months and submitted a fine between $200 and $300, but closer to $200, was an appropriate penalty.


reasonsforpenalty:

The Committee has reviewed the films of the incident and notes that Mr Mitchell did use his whip on approximately 20 occasions from a point on the final bend into the straight through to the finish line. The Committee also notes that 3 of the strikes early in the count were “backhanders”. The Committee notes this is Mr Mitchell’s first breach of the Rule for well over 18 months and that he admitted the breach at the earliest opportunity. The Committee has also reviewed recent penalties for similar “first time” breaches of this Rule and believes on this occasion a fine is an appropriate penalty.


penalty:

Mr Mitchell is fined $200.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer: Mr T Mitchell - Open Horseman


Otherperson: Mr S Wallis - Stipendiary Steward, Mr L Tidmarsh - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 08843baed21ba07646684c516ce243fe


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f6486d9c294c080fecb1f02ba22edce4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/02/2013


meet_title: Manawatu HRC - 19 February 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manawatu-hrc


meet_racingtype: harness-racing


meet_chair: NMcCutcheon


meet_pm1: PWilliams


meet_pm2: none


name: Manawatu HRC