Archive Decision

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Banks Peninsula TC 28 November 2010 – R 10

ID: JCA15124

Applicant:
Mr SP Renault, Stipendiary Steward

Respondent(s):
Mr SJ Thompson, Open Horseman

Information Number:
69429

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Banks Peninsula TC - 28 November 2010

Meet Chair:
JPhelan

Meet Committee Member 1:
KHales

Race Date:
2010/11/28

Race Number:
R 10

Decision:

As Mr Thompson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly Mr Thompson’s Open Horseman’s Licence was suspended from after the completion of racing today, the 28 November 2010, until after the completion of racing on 4 December 2010. This period of suspension includes race meetings at Invercargill on 2 December 2010 and NZMTC on 4 December 2010 – two days.

Charge:

Following the running of Race 10, the Hirequip Fillies & Mares Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horseman Mr S. J. Thompson alleging a breach of Rule 869(2)(a) in that he used his whip excessively.

Facts:

The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that Mr Thompson throughout the run home of Race 10 used his whip in an excessive manner.”

Rule 869(2)(a) reads as follows.

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

Facts:
Mr Thompson had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.

Stipendiary Steward Mr Renault gave evidence and used video coverage to show that Mr Thompson had used his whip on approximately on 21 or 22 occasions in the run home.

Submissions for Penalty:

In relation to penalty Mr Renault advised that Mr Thompson had not previously breached this Rule, and that it was admitted. Mr Thompson had indicated to him that he would prefer a suspension to a fine. Mr Renault submitted that a two day suspension should be imposed in this case.

Mr Thompson confirmed that he would prefer a suspension.

It was established that Mr Thompson had intended to take drives at Invercargill on 2 December 2010 and at NZMTC on 4 December 2010.

Reasons for Penalty:

We took into account that Mr Thompson had no relevant previous convictions and also that he had admitted the breach. Taking these matters into account, and also taking into account that Mr Thompson preferred a suspension to a fine in this case, we were satisfied that a two day suspension should be imposed.

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: 6d01622ac55d188fcbe41b570191f68c


informantnumber: 69429


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 22/11/2010


hearing_title: Banks Peninsula TC 28 November 2010 - R 10


charge:

Following the running of Race 10, the Hirequip Fillies & Mares Mobile Pace, an Information was filed by Stipendiary Steward Mr S. P. Renault against Open Horseman Mr S. J. Thompson alleging a breach of Rule 869(2)(a) in that he used his whip excessively.


facts:

The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that Mr Thompson throughout the run home of Race 10 used his whip in an excessive manner.”

Rule 869(2)(a) reads as follows.

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

Facts:
Mr Thompson had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.

Stipendiary Steward Mr Renault gave evidence and used video coverage to show that Mr Thompson had used his whip on approximately on 21 or 22 occasions in the run home.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Thompson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

In relation to penalty Mr Renault advised that Mr Thompson had not previously breached this Rule, and that it was admitted. Mr Thompson had indicated to him that he would prefer a suspension to a fine. Mr Renault submitted that a two day suspension should be imposed in this case.

Mr Thompson confirmed that he would prefer a suspension.

It was established that Mr Thompson had intended to take drives at Invercargill on 2 December 2010 and at NZMTC on 4 December 2010.


reasonsforpenalty:

We took into account that Mr Thompson had no relevant previous convictions and also that he had admitted the breach. Taking these matters into account, and also taking into account that Mr Thompson preferred a suspension to a fine in this case, we were satisfied that a two day suspension should be imposed.


penalty:

Accordingly Mr Thompson’s Open Horseman’s Licence was suspended from after the completion of racing today, the 28 November 2010, until after the completion of racing on 4 December 2010. This period of suspension includes race meetings at Invercargill on 2 December 2010 and NZMTC on 4 December 2010 – two days.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr SP Renault, Stipendiary Steward


JockeysandTrainer: Mr SJ Thompson, Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 60fadb113ab3456ae7c26f184e33bf90


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: cd3ab74aa6a6c924ceed55cdd8482be5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/11/2010


meet_title: Banks Peninsula TC - 28 November 2010


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: JPhelan


meet_pm1: KHales


meet_pm2: none


name: Banks Peninsula TC