Archive Decision

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Manawatu HRC – 2 November 2008 –

ID: JCA19401

Hearing Type:
Old Hearing

Rules:
869.2

Hearing Type (Code):
harness-racing

Decision:

Rule 869 (2) (a.)

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Defendant:     G Smith

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The information alleges that horseman G Smith used his whip excessively over the concluding stages driving JUST SHOOT ME



Rule 869 (2) (a.)

--

Defendant:     G Smith

--

 

--

The information alleges that horseman G Smith used his whip excessively over the concluding stages driving JUST SHOOT ME

--

 

--

Mr Smith was present at the hearing and did not admit the breach of this rule namely 869 (2) (a)

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Mr Smith did not want the rule read and stated he would take it as read, as he was aware of the rule.

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Mr Muirhead (Stipendiary Steward) demonstrated and interpreted a film of the alleged incident which clearly showed in his opinion Mr Smith using the whip excessively.

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Mr Smith had no questions of Mr Muirhead or his interpretation of the film, for his part Mr Smith said the horse was in his words UNMOTIVATED and needed to be driven with the stick.

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The Chairman then asked Mr Taumanu to read the policy as to whip use recently published in Harness Weekly. It read in part NO HORSEMAN SHALL IN ANY RACE USE HIS WHIP EXCESSIVELY OR UNNECESSARILY.

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Having studied the films and listened to the interpretation of same the Chairman found the breach proven, as Mr Smith had used the whip excessively.

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The Chairman then heard submissions as to penalty from both parties and after due consideration imposed a monetary penalty of $300.00.  Such penalty reflected Mr Smith’s good record but took into account the breach was not of a minor nature.

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BP Holland

Chairman

Decision Date: 02/11/2008

Publish Date: 02/11/2008

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: 4c2d39a26cbef0b2b68e7ae34c5c17b7


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 02/11/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Manawatu HRC - 2 November 2008 -


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Rule 869 (2) (a.)

--

Defendant:     G Smith

--

 

--

The information alleges that horseman G Smith used his whip excessively over the concluding stages driving JUST SHOOT ME



Rule 869 (2) (a.)

--

Defendant:     G Smith

--

 

--

The information alleges that horseman G Smith used his whip excessively over the concluding stages driving JUST SHOOT ME

--

 

--

Mr Smith was present at the hearing and did not admit the breach of this rule namely 869 (2) (a)

--

 

--

Mr Smith did not want the rule read and stated he would take it as read, as he was aware of the rule.

--

 

--

Mr Muirhead (Stipendiary Steward) demonstrated and interpreted a film of the alleged incident which clearly showed in his opinion Mr Smith using the whip excessively.

--

 

--

Mr Smith had no questions of Mr Muirhead or his interpretation of the film, for his part Mr Smith said the horse was in his words UNMOTIVATED and needed to be driven with the stick.

--

 

--

The Chairman then asked Mr Taumanu to read the policy as to whip use recently published in Harness Weekly. It read in part NO HORSEMAN SHALL IN ANY RACE USE HIS WHIP EXCESSIVELY OR UNNECESSARILY.

--

 

--

Having studied the films and listened to the interpretation of same the Chairman found the breach proven, as Mr Smith had used the whip excessively.

--

 

--

The Chairman then heard submissions as to penalty from both parties and after due consideration imposed a monetary penalty of $300.00.  Such penalty reflected Mr Smith’s good record but took into account the breach was not of a minor nature.

--

 

--

 

--

BP Holland

Chairman

sumissionsforpenalty:


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hearing_type: Old Hearing


Rules: 869.2


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