Methven TC – 14 December 2008 – Race 7
ID: JCA19252
Hearing Type (Code):
harness-racing
Meet Title:
Methven TC - 14 December 2008
Race Date:
2008/12/14
Race Number:
Race 7
Decision:
Following the running of race number 7 an information was lodged by Stipendiary Stewards under rule no. 869 (2) (a) alleging that J R Dunn (Mywayorthehighway) used his whip excessively in the run home.
Decision and Penalty:
--Following the running of race number 7 an information was lodged by Stipendiary Stewards under rule no. 869 (2) (a) alleging that J R Dunn (Mywayorthehighway) used his whip excessively in the run home.
----
The relevant rule reads:
--869 (2)
--“No horseman shall during any race:-
--(a) use his whip in an unnecessary, excessive or improper manner.”
----
Mr Dunn confirmed that he understood the rule and the guidelines and that he confirmed that he did not admit a breach of the rules.
----
At the outset of the hearing Mr Ydgren for the Stipendiary Stewards said that all licence holders had been repeatedly reminded of their obligations under the rule and guidelines and a meeting had been held with horsemen prior to the Cup meeting at Addington and the requirements of the rule and guidelines were discussed.
----
Mr Ydgren said that in the Stipendiary Stewards view Mr Dunn hit Mywayorthehighway in excess of 20 times in the run home being full strikes not necessarily on the horse but also on the cart. He also said that there was no discernible pauses which would have meant that Mr Dunn had complied with his obligations in that regard. He did agree that this was not a bad case and, therefore, at the lower end of the scale.
----
Mr Renault, Stipendiary Steward, demonstrated with the use of the video evidence the action of Mr Dunn and said that the horse was hit at least 26 times in the run home, including 3 hits before there was discernible pause with the balance more or less continuous thereafter. He also asked the Committee to note that the actions of Mr Dunn stopped approximately 50 metres from the finishing line.
----
Mr Dunn said that he did not feel his actions were that bad, he had slapped the horse with the reins and the whip and that not all the strikes with the whip were on the horse, some were on the cart.
----
The Committee after giving consideration to the evidence produced by both parties is of the view that the actions of Mr Dunn breached the rule in that he struck the horse or cart in excess of 21 times without any discernible pause, the only slight change in action occurred when his horse was shifted out. The charge is accordingly found proven.
----
Mr Ydgren said that Mr Dunn had one previous breach of this rule over the last twelve months on 3 October 2008 at which time he was fined $250.00. This being a second offence the Stipendiary Stewards were seeking a monetary penalty to reflect the earlier offence.
----
Mr Dunn said that the previous penalty was to reflect the status of the race and that in his view the submission of the Stipendiary Stewards in respect of penalty was high.
----
The Committee having given consideration to the submissions of both parties believes that the appropriate penalty on this occasion is a fine of $250.00. Mr Dunn was advised by the Committee that if he is found guilty of a further offence under this rule in the future he could expect a much more severe penalty.
----
--
--
Bevan Coombes
ChairmanJCA 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: 33fffa784432d95b97d43c715e8b77db
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 14/12/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Methven TC - 14 December 2008 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of race number 7 an information was lodged by Stipendiary Stewards under rule no. 869 (2) (a) alleging that J R Dunn (Mywayorthehighway) used his whip excessively in the run home.
Decision and Penalty:
--Following the running of race number 7 an information was lodged by Stipendiary Stewards under rule no. 869 (2) (a) alleging that J R Dunn (Mywayorthehighway) used his whip excessively in the run home.
----
The relevant rule reads:
--869 (2)
--“No horseman shall during any race:-
--(a) use his whip in an unnecessary, excessive or improper manner.”
----
Mr Dunn confirmed that he understood the rule and the guidelines and that he confirmed that he did not admit a breach of the rules.
----
At the outset of the hearing Mr Ydgren for the Stipendiary Stewards said that all licence holders had been repeatedly reminded of their obligations under the rule and guidelines and a meeting had been held with horsemen prior to the Cup meeting at Addington and the requirements of the rule and guidelines were discussed.
----
Mr Ydgren said that in the Stipendiary Stewards view Mr Dunn hit Mywayorthehighway in excess of 20 times in the run home being full strikes not necessarily on the horse but also on the cart. He also said that there was no discernible pauses which would have meant that Mr Dunn had complied with his obligations in that regard. He did agree that this was not a bad case and, therefore, at the lower end of the scale.
----
Mr Renault, Stipendiary Steward, demonstrated with the use of the video evidence the action of Mr Dunn and said that the horse was hit at least 26 times in the run home, including 3 hits before there was discernible pause with the balance more or less continuous thereafter. He also asked the Committee to note that the actions of Mr Dunn stopped approximately 50 metres from the finishing line.
----
Mr Dunn said that he did not feel his actions were that bad, he had slapped the horse with the reins and the whip and that not all the strikes with the whip were on the horse, some were on the cart.
----
The Committee after giving consideration to the evidence produced by both parties is of the view that the actions of Mr Dunn breached the rule in that he struck the horse or cart in excess of 21 times without any discernible pause, the only slight change in action occurred when his horse was shifted out. The charge is accordingly found proven.
----
Mr Ydgren said that Mr Dunn had one previous breach of this rule over the last twelve months on 3 October 2008 at which time he was fined $250.00. This being a second offence the Stipendiary Stewards were seeking a monetary penalty to reflect the earlier offence.
----
Mr Dunn said that the previous penalty was to reflect the status of the race and that in his view the submission of the Stipendiary Stewards in respect of penalty was high.
----
The Committee having given consideration to the submissions of both parties believes that the appropriate penalty on this occasion is a fine of $250.00. Mr Dunn was advised by the Committee that if he is found guilty of a further offence under this rule in the future he could expect a much more severe penalty.
----
--
--
Bevan Coombes
Chairmansumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 04263c7186a41ce8c4bae6fa7895e3dd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 15d6a141ec300d0410792445f36e0072
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/12/2008
meet_title: Methven TC - 14 December 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Methven TC