Kumeu TC – 18 May 2007 – Race 9
ID: JCA18345
Hearing Type (Code):
harness-racing
Meet Title:
Kumeu TC - 18 May 2007
Race Date:
2007/05/18
Race Number:
Race 9
Decision: --
An information lodged by Stipendiary Steward Mr J Muirhead against Junior Driver Mr R Downey, driver of INSTANTKARMA, alleging a breach of Rule 869 (2)(a) ? Excessive use of the whip
--
An information lodged by Stipendiary Steward Mr J Muirhead against Junior Driver Mr R Downey, driver of INSTANTKARMA, alleging a breach of Rule 869 (2)(a) ? Excessive use of the whip ? in that he used his whip excessively when driving out his horse during the concluding stages of the race. Mr Downey admitted the breach and was present at the hearing assisted by Senior Horseman Mr T Shaw. Mr Muirhead demonstrated the incident by use of the video film. Mr Downey used his whip approximately 20 times in the home straight and on two occasions used the whip continuously. Mr Downey said that initially he only struck the sulky, but later did strike the horse. Mr Shaw said that the film showed that when the horse stopped running on Mr Downey stopped using the whip.
--PENALTY
--Mr Muirhead said Mr Downey had no relevant breaches of the Rules recorded against him and that the offending was at the lower end of the scale. He suggested a fine in the region $200.00 - $300.00 and asked that Mr Downey's Junior Driver status be taken into account. Mr Shaw on behalf of Mr Downey accepted the submissions of Mr Muirhead. Mr Muirhead suggested some leniency might be of benefit to Mr Downey at this stage of his career. In fixing penalty I took into account the following matters :
--- --
- The guilty plea. --
- No relevant breaches recorded against Mr Downey. --
- The submissions from Mr Muirhead and the acceptance of them by Mr Shaw and Mr Downey. --
- The offending was in the bottom half of the scale of seriousness. --
- Mr Downey's Junior Driver status.
Balancing those matters I imposed a fine of $200.00 and I also drew to Mr Downey's attention the guidelines issued by the Chief Stipendiary Steward.
--B Rowe
--Chairman
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: 0c838b2aa726a5387fdd30ef93553284
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 18/05/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Kumeu TC - 18 May 2007 - Race 9
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--An information lodged by Stipendiary Steward Mr J Muirhead against Junior Driver Mr R Downey, driver of INSTANTKARMA, alleging a breach of Rule 869 (2)(a) ? Excessive use of the whip
--
An information lodged by Stipendiary Steward Mr J Muirhead against Junior Driver Mr R Downey, driver of INSTANTKARMA, alleging a breach of Rule 869 (2)(a) ? Excessive use of the whip ? in that he used his whip excessively when driving out his horse during the concluding stages of the race. Mr Downey admitted the breach and was present at the hearing assisted by Senior Horseman Mr T Shaw. Mr Muirhead demonstrated the incident by use of the video film. Mr Downey used his whip approximately 20 times in the home straight and on two occasions used the whip continuously. Mr Downey said that initially he only struck the sulky, but later did strike the horse. Mr Shaw said that the film showed that when the horse stopped running on Mr Downey stopped using the whip.
--PENALTY
--Mr Muirhead said Mr Downey had no relevant breaches of the Rules recorded against him and that the offending was at the lower end of the scale. He suggested a fine in the region $200.00 - $300.00 and asked that Mr Downey's Junior Driver status be taken into account. Mr Shaw on behalf of Mr Downey accepted the submissions of Mr Muirhead. Mr Muirhead suggested some leniency might be of benefit to Mr Downey at this stage of his career. In fixing penalty I took into account the following matters :
--- --
- The guilty plea. --
- No relevant breaches recorded against Mr Downey. --
- The submissions from Mr Muirhead and the acceptance of them by Mr Shaw and Mr Downey. --
- The offending was in the bottom half of the scale of seriousness. --
- Mr Downey's Junior Driver status.
Balancing those matters I imposed a fine of $200.00 and I also drew to Mr Downey's attention the guidelines issued by the Chief Stipendiary Steward.
--B Rowe
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4eb5011f10ace94c8c0224110b878ab4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8e9edcef8821d5302d4b8399dfcca60e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/05/2007
meet_title: Kumeu TC - 18 May 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kumeu-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Kumeu TC