Cambridge-Te Awamutu HRC 4 June 2013 – R 2
ID: JCA16015
Meet Title:
Cambridge HRC - 4 June 2013
Meet Chair:
BScott
Race Date:
2013/06/04
Race Number:
R2
Decision:
The Charge having been admitted is accordingly proved.
Penalty:
Mr Abernethy is fined the sum of $250.00.
Charge:
Breach of Rule 869(2)(a) Excessive use of the Whip
Facts:
Following the running of Race 2 the WORLD DRIVING CHAMPS AT REIMS FRANCE JUNE 9 MOBILE PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Licensed Horseman MR J Abernethy alleging that Mr Abernethy used his whip in an excessive manner over the concluding stages of the race when driving KOTARE CASINO.
Rule 869(2)(a) provides :"No horseman shall during any race use his whip in an unnecessary, excessive or improper manner"
Mr Abernethy was present and advised me that he admitted the breach.
The Rule was read to Mr Abernethy and he acknowledged that he understood it.
Evidence was given by Stipendiary Steward Mr S Wallis by use of the video films. He showed Mr Abernethy driving KOTARE CASINO and he showed Mr Abernethy using the whip prior to the home turn and then continuously up the straight. He counted 21 strikes with the whip.
Mr Abernethy had nothing to say about the evidence.
Submissions for Penalty:
Mr Muirhead referred to the JCA Guidelines and said that the starting point penalty is a fine of $300.00. He pointed to the number of strikes with the whip but did say that Mr Abernethy had admitted the breach and should be given credit for that. He also said that Mr Abernethy had a good record over the last 12 months.
Mr Muirhead submitted that a fine between $200.00 and $300.00 was appropriate.
Mr Abernethy queried the words " concluding stages of the race " in the Information. He said he thought that concluding stages meant the home straight and not prior to the home turn. Mr Muirhead said that " concluding stages of the race " was not limited to the home straight.
Mr Abernethy did not have any further submissions.
Reasons for Penalty:
The Films of the incident are very clear and Mr Abernethy first used the whip prior to the home turn and then continuously along the home straight. Mr Wallis counted 21 strikes and this was not challenged by Mr Abernethy nor could it be. The number is excessive and I pointed out to Mr Abernethy that not only was the number excessive but the use of the whip was continuous.
I also pointed out to Mr Abernethy that his use of the whip did not look good as far as those watching the race on Television were concerned and this was not good for Harness Racing. All of the above are aggravating features as far as I am concerned.
By way of mitigation Mr Abernethy has admitted the breach but he had no other option. He does however have a good record and he is given credit for that.
Mr Muirhead has submitted that a fine between $200.00 and $300.00 is appropriate and I agree.
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: af309c3627dce6a3e589b38747e23d0d
informantnumber: A2510
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 31/05/2013
hearing_title: Cambridge-Te Awamutu HRC 4 June 2013 - R 2
charge:
Breach of Rule 869(2)(a) Excessive use of the Whip
facts:
Following the running of Race 2 the WORLD DRIVING CHAMPS AT REIMS FRANCE JUNE 9 MOBILE PACE an Information was lodged by Stipendiary Steward Mr JM Muirhead against Licensed Horseman MR J Abernethy alleging that Mr Abernethy used his whip in an excessive manner over the concluding stages of the race when driving KOTARE CASINO.
Rule 869(2)(a) provides :"No horseman shall during any race use his whip in an unnecessary, excessive or improper manner"
Mr Abernethy was present and advised me that he admitted the breach.
The Rule was read to Mr Abernethy and he acknowledged that he understood it.
Evidence was given by Stipendiary Steward Mr S Wallis by use of the video films. He showed Mr Abernethy driving KOTARE CASINO and he showed Mr Abernethy using the whip prior to the home turn and then continuously up the straight. He counted 21 strikes with the whip.
Mr Abernethy had nothing to say about the evidence.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The Charge having been admitted is accordingly proved.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Guidelines and said that the starting point penalty is a fine of $300.00. He pointed to the number of strikes with the whip but did say that Mr Abernethy had admitted the breach and should be given credit for that. He also said that Mr Abernethy had a good record over the last 12 months.
Mr Muirhead submitted that a fine between $200.00 and $300.00 was appropriate.
Mr Abernethy queried the words " concluding stages of the race " in the Information. He said he thought that concluding stages meant the home straight and not prior to the home turn. Mr Muirhead said that " concluding stages of the race " was not limited to the home straight.
Mr Abernethy did not have any further submissions.
reasonsforpenalty:
The Films of the incident are very clear and Mr Abernethy first used the whip prior to the home turn and then continuously along the home straight. Mr Wallis counted 21 strikes and this was not challenged by Mr Abernethy nor could it be. The number is excessive and I pointed out to Mr Abernethy that not only was the number excessive but the use of the whip was continuous.
I also pointed out to Mr Abernethy that his use of the whip did not look good as far as those watching the race on Television were concerned and this was not good for Harness Racing. All of the above are aggravating features as far as I am concerned.
By way of mitigation Mr Abernethy has admitted the breach but he had no other option. He does however have a good record and he is given credit for that.
Mr Muirhead has submitted that a fine between $200.00 and $300.00 is appropriate and I agree.
penalty:
Mr Abernethy is fined the sum of $250.00.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr J Abernethy - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: be2176f51ac99c428aeb488aad8441d6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1267a5e3125a2f3b770ad1ad6318a0c5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/06/2013
meet_title: Cambridge HRC - 4 June 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cambridge-hrc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: none
meet_pm2: none
name: Cambridge HRC