Auckland TC – 27 April 2007 – Race 2
ID: JCA19272
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 27 April 2007
Race Date:
2007/04/27
Race Number:
Race 2
Decision: --
An information lodged by Stipendiary Steward Mr J Muirhead against Mr T Milina, driver of ROSSCOE, alleging a breach of Rule 869 (2)(a) ? Excessive use of the whip
--
An information lodged by Stipendiary Steward Mr J Muirhead against Mr T Milina, driver of ROSSCOE, alleging a breach of Rule 869 (2)(a) ? Excessive use of the whip ? in that he used his whip excessively when driving ROSSCOE out over the concluding stages of the race. Mr Milina denied the breach and was present at the hearing.
--Mr Muirhead showed the video film of the run home. He said that Mr Milina used the whip 25 times and that at times the use was continuous. Mr Muirhead referred to the guidelines issued, regarding use of the whip, by the Chief Stipendiary Steward on the 1st August 2006. He referred to the Rule applying whether it was the horse, harness or sulky that was struck. He also referred to the guideline prohibiting continuous use of the whip.
--Mr Milina did not cross examine Mr Muirhead. He said ROSSCOE ran poorly last week and he had used the whip continuously on the crupper at home to keep the horse's interest up. He said he only used the whip on the crupper during the race ? there would be no mark on the horse ? and he had only used the whip from the elbow down. He acknowledged using the whip in excess of twenty times and accepted the guidelines although he didn?t recall having read them.
--DECISION :
--The Committee found the charge proven. The evidence of Mr Muirhead was decisive and not challenged. Mr Milina used the whip 25 times in the run home which in itself is excessive and on two occasions used the whip continuously.
--PENALTY :
----Mr Muirhead recommended a fine of $250.00. Mr said Mr Milina had a clear driving record but this was a premier meeting. Mr Milina had no submissions to make.
--In fixing penalty, the Committee took into account the following :
--- --
- The submissions of Mr Muirhead. --
- The evidence of Mr Milina which in effect amounted to mitigation. --
- Mr Milina's clear driving record. --
- This was a premier meeting ? stake money 415,000.00 --
- The offending was mid-range on the scale of seriousness.
Balancing all of those matters, the Committee imposed a fine of $300.00.
--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: 2f02e450022b333b0ee632f3b643b3dd
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 27/04/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 27 April 2007 - Race 2
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--An information lodged by Stipendiary Steward Mr J Muirhead against Mr T Milina, driver of ROSSCOE, alleging a breach of Rule 869 (2)(a) ? Excessive use of the whip
--
An information lodged by Stipendiary Steward Mr J Muirhead against Mr T Milina, driver of ROSSCOE, alleging a breach of Rule 869 (2)(a) ? Excessive use of the whip ? in that he used his whip excessively when driving ROSSCOE out over the concluding stages of the race. Mr Milina denied the breach and was present at the hearing.
--Mr Muirhead showed the video film of the run home. He said that Mr Milina used the whip 25 times and that at times the use was continuous. Mr Muirhead referred to the guidelines issued, regarding use of the whip, by the Chief Stipendiary Steward on the 1st August 2006. He referred to the Rule applying whether it was the horse, harness or sulky that was struck. He also referred to the guideline prohibiting continuous use of the whip.
--Mr Milina did not cross examine Mr Muirhead. He said ROSSCOE ran poorly last week and he had used the whip continuously on the crupper at home to keep the horse's interest up. He said he only used the whip on the crupper during the race ? there would be no mark on the horse ? and he had only used the whip from the elbow down. He acknowledged using the whip in excess of twenty times and accepted the guidelines although he didn?t recall having read them.
--DECISION :
--The Committee found the charge proven. The evidence of Mr Muirhead was decisive and not challenged. Mr Milina used the whip 25 times in the run home which in itself is excessive and on two occasions used the whip continuously.
--PENALTY :
----Mr Muirhead recommended a fine of $250.00. Mr said Mr Milina had a clear driving record but this was a premier meeting. Mr Milina had no submissions to make.
--In fixing penalty, the Committee took into account the following :
--- --
- The submissions of Mr Muirhead. --
- The evidence of Mr Milina which in effect amounted to mitigation. --
- Mr Milina's clear driving record. --
- This was a premier meeting ? stake money 415,000.00 --
- The offending was mid-range on the scale of seriousness.
Balancing all of those matters, the Committee imposed a fine of $300.00.
--B Rowe
Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4f1ce5bf9ee59854c4e6479d2e41881f
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: 070cdb21384543cc1b2b62a2f0a8fe56
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/04/2007
meet_title: Auckland TC - 27 April 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Auckland TC