Archive Decision

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Kapiti Coast HRC 15 January 2016 – R 5 – Chair, Mr T Castles

ID: JCA16781

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr J Abernethy - Licensed Open Horseman

Information Number:
A7609

Hearing Type:
Hearing

New Charge:
Excessive use of whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Kapiti Coast HRC - 15 January 2016

Meet Chair:
TCastles

Meet Committee Member 1:
TUtikere

Race Date:
2016/01/15

Race Number:
R 5

Decision:

As the charge was admitted it was deemed proved.

Penalty:

Mr Abernethy was fined $300.

Facts:

At the conclusion of race 5, "Pegasus Spur at Woodlands Stud Handicap Trot" driver, J Abernethy admitted a breach of Rule 869 (2)(a ) in that he used his whip excessively driving SILVER STREAM over the concluding stages.

The rule reads “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner".

Mr Muirhead, using the available films informed the committee that with 200 metres to run SILVER STREAM was continuously struck with the whip 18 times in the run to the line. The Stewards believed this was both unnecessary and improper.

Mr Abernethy agreed that the incident looked bad and put it down to a lack of judgement by himself.

Submissions for Penalty:

Mr Muirhead told the Committee that this was Mr Abernethy's first breach of the rule since March 2015. He is a busy driver and because of the length of time involved since the last charge believed the breach could best be served by a fine. Mr Abernethy has made a determined effort to improve his whip action over the last nine months.

Mr Abernethy asked that both his admittance of the breach and his clean record over the last nine months be taken into account when setting the penalty.

Reasons for Penalty:

In coming to its decision to impose a fine for this breach the Judicial Guidelines were taken into account. As the charge was admitted and the first one for nine months it was felt it could be best handled by a monetary 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: a025f2ba6ea7a8e5db5748648a587978


informantnumber: A7609


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 17/01/2016


hearing_title: Kapiti Coast HRC 15 January 2016 - R 5 - Chair, Mr T Castles


charge:


facts:

At the conclusion of race 5, "Pegasus Spur at Woodlands Stud Handicap Trot" driver, J Abernethy admitted a breach of Rule 869 (2)(a ) in that he used his whip excessively driving SILVER STREAM over the concluding stages.

The rule reads “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner".

Mr Muirhead, using the available films informed the committee that with 200 metres to run SILVER STREAM was continuously struck with the whip 18 times in the run to the line. The Stewards believed this was both unnecessary and improper.

Mr Abernethy agreed that the incident looked bad and put it down to a lack of judgement by himself.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was deemed proved.


sumissionsforpenalty:

Mr Muirhead told the Committee that this was Mr Abernethy's first breach of the rule since March 2015. He is a busy driver and because of the length of time involved since the last charge believed the breach could best be served by a fine. Mr Abernethy has made a determined effort to improve his whip action over the last nine months.

Mr Abernethy asked that both his admittance of the breach and his clean record over the last nine months be taken into account when setting the penalty.


reasonsforpenalty:

In coming to its decision to impose a fine for this breach the Judicial Guidelines were taken into account. As the charge was admitted and the first one for nine months it was felt it could be best handled by a monetary penalty.


penalty:

Mr Abernethy was fined $300.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer: Mr J Abernethy - Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e95dde66a403febb66020e3438d16d32


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9272352a2f47a80264e527e04cf54d59


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/01/2016


meet_title: Kapiti Coast HRC - 15 January 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: kapiti-coast-hrc


meet_racingtype: harness-racing


meet_chair: TCastles


meet_pm1: TUtikere


meet_pm2: none


name: Kapiti Coast HRC