Cambridge HRC – 7 January 2005 – Race 2
ID: JCA19214
Hearing Type (Code):
harness-racing
Meet Title:
Cambridge HRC - 7 January 2005
Race Date:
2005/01/07
Race Number:
Race 2
Decision: --
Following the running of race No 2, an information was filed alleging a breach of rule 869 (2) (a)
--The defendant was Mr T F Shaw the driver of Enjoy
| -- Following the running of race No 2, an information was filed alleging a breach of rule 869 (2) (a) --The defendant was Mr T F Shaw the driver of Enjoy --The information alleged that horseman Mr T F Shaw, used his whip excessively over the concluding stages of the race when driving Enjoy which ran third in this event. --Mr Shaw did not admit the breach of this rule and requested an adjournment to seek advice from the Horseman's Association. Mr Shaw also sought to have this information heard at the next available race meeting on the grounds that he would not receive a fair hearing. --The chairman advised Mr Shaw that the breach of this rule was not a serious charge and that his grounds for an adjournment were not sufficient to warrant an adjournment and the charge would be heard immediately after race no 4. --At the resumption of this hearing Mr R J Lawson president of the Northern Horseman's Association requested permission to sit in on this hearing the chairman granted Mr Lawson this right. --Mr Muirhead showed the video of the last 200 meters of race two, this showed Enjoy under a drive by Mr Shaw, it was alleged by Mr Muirhead that Mr Shaw struck Enjoy with the whip 27 times from the top of the straight to the winning post. --Mr Muirhead stated that this was too much and was in breach of the rule and also the regulations/guidelines for use of the whip as set down by Harness Racing New Zealand --Mr Shaw in evidence stated that this horse has to be driven with the whip otherwise she stops and he was only doing his best to gain the best finishing place in the race. Mr Shaw stated that he had not struck his horse with the whip all the time as alleged and that he had been hitting the shaft of the sulky, Mr Shaw also stated that there are no marks on Enjoy. --The chairman asked Mr Shaw if he was aware of the Whip Regulations as advertised in the Harness Racing Weekly and Mr Shaw stated he was aware of these regulations and Guidelines. --Decision And Reasons. --Having viewed the video of this alleged breach and heard evidence from both Mr Muirhead and Mr Shaw I find the breach of this rule proven. Applies whether striking the horse, harness or sulky --A horse does not need to be marked for an excessive charge to be preferred --The Video showed that Mr Shaw did strike his horse Enjoy on or about the 27 times as alleged by Mr Muirhead. --Submissions were heard on penalty from both Mr Muirhead and Mr Shaw, the driving record of Mr Shaw was produced for perusal this showed no breaches of this rule in the previous twelve months and Mr Shaw acknowledged this record. --I find that Mr Shaw did use his whip in an excessive manner when driving out Enjoy to the finish of this race. --A fine of $200.00 was imposed in this instance. |
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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: 3456753e6d84d0d89364b4c16433aa23
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 07/01/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Cambridge HRC - 7 January 2005 - Race 2
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of race No 2, an information was filed alleging a breach of rule 869 (2) (a)
--The defendant was Mr T F Shaw the driver of Enjoy
| -- Following the running of race No 2, an information was filed alleging a breach of rule 869 (2) (a) --The defendant was Mr T F Shaw the driver of Enjoy --The information alleged that horseman Mr T F Shaw, used his whip excessively over the concluding stages of the race when driving Enjoy which ran third in this event. --Mr Shaw did not admit the breach of this rule and requested an adjournment to seek advice from the Horseman's Association. Mr Shaw also sought to have this information heard at the next available race meeting on the grounds that he would not receive a fair hearing. --The chairman advised Mr Shaw that the breach of this rule was not a serious charge and that his grounds for an adjournment were not sufficient to warrant an adjournment and the charge would be heard immediately after race no 4. --At the resumption of this hearing Mr R J Lawson president of the Northern Horseman's Association requested permission to sit in on this hearing the chairman granted Mr Lawson this right. --Mr Muirhead showed the video of the last 200 meters of race two, this showed Enjoy under a drive by Mr Shaw, it was alleged by Mr Muirhead that Mr Shaw struck Enjoy with the whip 27 times from the top of the straight to the winning post. --Mr Muirhead stated that this was too much and was in breach of the rule and also the regulations/guidelines for use of the whip as set down by Harness Racing New Zealand --Mr Shaw in evidence stated that this horse has to be driven with the whip otherwise she stops and he was only doing his best to gain the best finishing place in the race. Mr Shaw stated that he had not struck his horse with the whip all the time as alleged and that he had been hitting the shaft of the sulky, Mr Shaw also stated that there are no marks on Enjoy. --The chairman asked Mr Shaw if he was aware of the Whip Regulations as advertised in the Harness Racing Weekly and Mr Shaw stated he was aware of these regulations and Guidelines. --Decision And Reasons. --Having viewed the video of this alleged breach and heard evidence from both Mr Muirhead and Mr Shaw I find the breach of this rule proven. Applies whether striking the horse, harness or sulky --A horse does not need to be marked for an excessive charge to be preferred --The Video showed that Mr Shaw did strike his horse Enjoy on or about the 27 times as alleged by Mr Muirhead. --Submissions were heard on penalty from both Mr Muirhead and Mr Shaw, the driving record of Mr Shaw was produced for perusal this showed no breaches of this rule in the previous twelve months and Mr Shaw acknowledged this record. --I find that Mr Shaw did use his whip in an excessive manner when driving out Enjoy to the finish of this race. --A fine of $200.00 was imposed in this instance. |
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sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a, 869.2
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 75859b3e8ca769b771ab2256becaac65
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5fc49cb68eba03a2aad926f49f2c29b5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/01/2005
meet_title: Cambridge HRC - 7 January 2005
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cambridge-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Cambridge HRC