Manukau TC 1 June 2012 – R 12
ID: JCA16321
Meet Title:
Manukau TC - 1 June 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
BScott
Race Date:
2012/06/01
Race Number:
R12
Decision:
Mr Cooney having admitted the breach, the charge was found proved.
Penalty:
Mr Cooney was fined the sum of $200.
Charge:
Excessive use of the whip.
Facts:
Following the running of Race 12, Good Luck To All Jewels Participants Mobile Pace, an information was filed by Stipendiary Steward, Mr J M Muirhead, against Licensed Open Horseman, Mr F D Cooney, alleging that Mr Cooney, as the driver of SHARDS OF CULLEN in the race, “used his whip excessively over the concluding stages”.
Mr Cooney had signed the Statement by the Respondent on the information form indicating that he admitted the breach and that he did not wish to be present at the hearing of the information. Mr Muirhead confirmed that Mr Cooney did not wish to be present.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
Mr Muirhead told the Committee that Mr Cooney was the driver of SHARDS OF CULLEN in Race 11. He pointed out Mr Cooney on a video replay of the final 300 metres of the race. Mr Muirhead submitted, with reference to the video replay, that Mr Cooney had used his whip on 20 occasions over the concluding stages and this was borne out by the video replay. Furthermore, the use of the whip was continuous, Mr Muirhead said.
Submissions for Penalty:
Mr Muirhead said that the breach was out of character for Mr Cooney. Mr Cooney had told the Stewards that he had been instructed to drive the horse in that manner. Mr Muirhead referred to the starting point for a breach of the Rule as prescribed by the Penalty Guide – a fine of $300. He submitted that was too high for this particular breach having regard to Mr Cooney’s good record, his admission of the breach and the stake payable for the race ($4,500). He submitted that a fine in the vicinity of $200 was appropriate.
Reasons for Penalty:
In determining penalty, the Committee took into account, as mitigating factors, Mr Cooney’s admission of the breach and his previous good record. It also took into account Mr Muirhead’s submission regarding the stake of the race.
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: d941ee486591bc530e48020a1da8ac7b
informantnumber: A2362
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/05/2012
hearing_title: Manukau TC 1 June 2012 - R 12
charge:
Excessive use of the whip.
facts:
Following the running of Race 12, Good Luck To All Jewels Participants Mobile Pace, an information was filed by Stipendiary Steward, Mr J M Muirhead, against Licensed Open Horseman, Mr F D Cooney, alleging that Mr Cooney, as the driver of SHARDS OF CULLEN in the race, “used his whip excessively over the concluding stages”.
Mr Cooney had signed the Statement by the Respondent on the information form indicating that he admitted the breach and that he did not wish to be present at the hearing of the information. Mr Muirhead confirmed that Mr Cooney did not wish to be present.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead told the Committee that Mr Cooney was the driver of SHARDS OF CULLEN in Race 11. He pointed out Mr Cooney on a video replay of the final 300 metres of the race. Mr Muirhead submitted, with reference to the video replay, that Mr Cooney had used his whip on 20 occasions over the concluding stages and this was borne out by the video replay. Furthermore, the use of the whip was continuous, Mr Muirhead said.
reasonsfordecision:
Decision:
Mr Cooney having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Muirhead said that the breach was out of character for Mr Cooney. Mr Cooney had told the Stewards that he had been instructed to drive the horse in that manner. Mr Muirhead referred to the starting point for a breach of the Rule as prescribed by the Penalty Guide – a fine of $300. He submitted that was too high for this particular breach having regard to Mr Cooney’s good record, his admission of the breach and the stake payable for the race ($4,500). He submitted that a fine in the vicinity of $200 was appropriate.
reasonsforpenalty:
In determining penalty, the Committee took into account, as mitigating factors, Mr Cooney’s admission of the breach and his previous good record. It also took into account Mr Muirhead’s submission regarding the stake of the race.
penalty:
Mr Cooney was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: J M Muirhead, Licensed Open Driver
JockeysandTrainer: F D Cooney, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 33e663e19a3eb3fb69371479a10d016e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R12
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cc46ddf098ce6f1bfcb9f9351ec356d9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/06/2012
meet_title: Manukau TC - 1 June 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: BScott
meet_pm2: none
name: Manukau TC