Kumeu TC 3 May 2011 – R 2
ID: JCA16542
Meet Title:
Kumeu TC - 3 May 2011
Meet Chair:
BRowe
Meet Committee Member 1:
AGodsalve
Race Date:
2011/05/03
Race Number:
R 2
Decision:
As the breach was admitted the charge was found proved.
Penalty:
Balancing the above matters with emphasis on the seriousness of the breach, the driving frequency of Ms Neal and her preference for a suspension, we suspend her drivers licence from the end of racing today until the end of racing on the 20th May 2011, which is effectively 5 days.
Charge:
Horseman L Neal driver of REGAL ENCOUNTER used her whip excessively during the run home on the horse approximately 25 times without a pause.
Ms Neal elected not to be present at the hearing.
Facts:
Mr Taumanu showed the video film of the run down the home straight. Ms Neal struck her horse with the whip on 25 occasions, the first 23 occasions continuously. Mr Taumanu said the explanation of Ms Neal was that she wanted to finish 3rd.
Submissions for Penalty:
Mr Taumanu said Ms Neal had told him she preferred a suspension rather than a fine. He said Ms Neal did not drive “all that often” and the offending was in the upper range. He submitted that there should be a suspension of 3 - 4 weeks. He said Ms Neal had a clear driving record.
Reasons for Penalty:
In fixing penalty the committee takes into account the admission of the breach, the clear record of Ms Neal, her preference for a suspension, the submissions of Mr Taumanu, the moderate driving frequency of Ms Neal, the recommended starting point for penalty of a $250 fine or 1 week suspension and our view that the offending is at the upper end on the scale of seriousness because of the number of times the whip was used and the continuous nature of the whip use.
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: c2f243f0d213fe1300b41b0034a2b2c6
informantnumber: 66761
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 14/04/2011
hearing_title: Kumeu TC 3 May 2011 - R 2
charge:
Horseman L Neal driver of REGAL ENCOUNTER used her whip excessively during the run home on the horse approximately 25 times without a pause.
Ms Neal elected not to be present at the hearing.
facts:
Mr Taumanu showed the video film of the run down the home straight. Ms Neal struck her horse with the whip on 25 occasions, the first 23 occasions continuously. Mr Taumanu said the explanation of Ms Neal was that she wanted to finish 3rd.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted the charge was found proved.
sumissionsforpenalty:
Mr Taumanu said Ms Neal had told him she preferred a suspension rather than a fine. He said Ms Neal did not drive “all that often” and the offending was in the upper range. He submitted that there should be a suspension of 3 - 4 weeks. He said Ms Neal had a clear driving record.
reasonsforpenalty:
In fixing penalty the committee takes into account the admission of the breach, the clear record of Ms Neal, her preference for a suspension, the submissions of Mr Taumanu, the moderate driving frequency of Ms Neal, the recommended starting point for penalty of a $250 fine or 1 week suspension and our view that the offending is at the upper end on the scale of seriousness because of the number of times the whip was used and the continuous nature of the whip use.
penalty:
Balancing the above matters with emphasis on the seriousness of the breach, the driving frequency of Ms Neal and her preference for a suspension, we suspend her drivers licence from the end of racing today until the end of racing on the 20th May 2011, which is effectively 5 days.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr T Taumanu - Stipendiary Steward
JockeysandTrainer: Ms L Neal - Driver of REGAL ENCOUNTER placed 4th
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1775cbf9dd1594aaa78c06f683aec164
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0a2a16ba4e5a8b9f51902b08565212e4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/05/2011
meet_title: Kumeu TC - 3 May 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kumeu-tc
meet_racingtype: harness-racing
meet_chair: BRowe
meet_pm1: AGodsalve
meet_pm2: none
name: Kumeu TC