NZ Metro TC 22 July 2011 – R 6
ID: JCA17262
Meet Title:
NZ Metro TC - 22 July 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2011/07/22
Race Number:
R6
Decision:
As Mr O’Mahony had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
On resuming the hearing we gave our reasons and advised that Mr O’Mahony was fined the sum of $200-00.
Charge:
Alleged unnecessary use of the whip.
Facts:
Following the running of Race 6, the Coca-Cola Amatil NZ Ltd – Addington Claimers Championship (Heat 2) Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Junior Horseman Mr M. O’Mahony alleging a breach of Rule 869(2)(a) in that he used his whip in an unnecessary manner.
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 you used your whip in an unnecessary manner from the 600m when driving Arjuna who at this point of the race was an obviously beaten runner”.
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.”
Submissions for Decision:
Mr O’Mahony is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr J. R. Dunn. Mr O’Mahony 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.
Mr Ydgren gave evidence and used video coverage to show that Mr O’Mahony’s horse had started to drop out of the race at about the 600 metre mark, at which stage Mr O’Mahony had used his whip twice, which was acceptable at that stage of the race. On entering the home straight Mr O’Mahony used his whip on a further nine occasions when his horse was clearly a beaten runner.
Mr O’Mahony explained that two of the strikes in the home straight were “backhanders” as his horse was running in towards the marker line.
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that Mr O’Mahony had not previously breached this Rule, had shown remorse, and had admitted the breach. This was Mr O’Mahony’s 13th race day drive in New Zealand. Mr Ydgen submitted that a fine in the vicinity of $200-00 should be imposed in this case.
We adjourned to consider the question of penalty.
Reasons for Penalty:
We took into account that Mr O’Mahony had admitted this breach, had shown remorse, and had not breached this Rule previously. We looked at the Penalty Guide and penalties imposed for past similar breaches of this Rule and decided that a fine of $200-00 should be imposed in this case.
JCA Decision Fields (raw)
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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: f1ce53552be4676d942cc0d80b66f3a2
informantnumber: 69543
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 21/07/2011
hearing_title: NZ Metro TC 22 July 2011 - R 6
charge:
Alleged unnecessary use of the whip.
facts:
Following the running of Race 6, the Coca-Cola Amatil NZ Ltd – Addington Claimers Championship (Heat 2) Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Junior Horseman Mr M. O’Mahony alleging a breach of Rule 869(2)(a) in that he used his whip in an unnecessary manner.
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 you used your whip in an unnecessary manner from the 600m when driving Arjuna who at this point of the race was an obviously beaten runner”.
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.”
appealdecision:
isappeal:
submissionsfordecision:
Mr O’Mahony is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr J. R. Dunn. Mr O’Mahony 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.
Mr Ydgren gave evidence and used video coverage to show that Mr O’Mahony’s horse had started to drop out of the race at about the 600 metre mark, at which stage Mr O’Mahony had used his whip twice, which was acceptable at that stage of the race. On entering the home straight Mr O’Mahony used his whip on a further nine occasions when his horse was clearly a beaten runner.
Mr O’Mahony explained that two of the strikes in the home straight were “backhanders” as his horse was running in towards the marker line.
reasonsfordecision:
Decision:
As Mr O’Mahony 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 Ydgren advised that Mr O’Mahony had not previously breached this Rule, had shown remorse, and had admitted the breach. This was Mr O’Mahony’s 13th race day drive in New Zealand. Mr Ydgen submitted that a fine in the vicinity of $200-00 should be imposed in this case.
We adjourned to consider the question of penalty.
reasonsforpenalty:
We took into account that Mr O’Mahony had admitted this breach, had shown remorse, and had not breached this Rule previously. We looked at the Penalty Guide and penalties imposed for past similar breaches of this Rule and decided that a fine of $200-00 should be imposed in this case.
penalty:
On resuming the hearing we gave our reasons and advised that Mr O’Mahony was fined the sum of $200-00.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr N. M. Ydgren - Stipendiary Steward
JockeysandTrainer: Mr M. O'Mahony - Junior Horseman
Otherperson: Mr J. R. Dunn - Open Horseman assisting Mr O'Mahony
PersonPresent:
Respondent:
StipendSteward:
raceid: 87a3b9a31dd299746a8f969a2b6f1036
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 655c6a2fb85c222bde174d7532c26452
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/07/2011
meet_title: NZ Metro TC - 22 July 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC