Morrinsville TC – 16 January 2005 – Race 11
ID: JCA19716
Hearing Type (Code):
harness-racing
Meet Title:
Morrinsville TC - 16 January 2005
Race Date:
2005/01/16
Race Number:
Race 11
Decision: --
An information was filed alleging a breach of rule 869 (2) (a). the informant was Mr T W Taumanu and the defendant Mr G C Small Trainer /Driver of Spanish Rain in race 11 .
| -- An information was filed alleging a breach of rule 869 (2) (a). the informant was Mr T W Taumanu and the defendant Mr G C Small Trainer /Driver of Spanish Rain in race 11 . --The information stated that horseman G C Small used his whip excessively on Spanish Rain during the run home in this race. --Mr Small did not attend this hearing and evidence was presented to the Judicial Panel that Mr Keith Coppins the duly appointed registrar for this meeting approached Mr Small in the stabling area and asked him to attend the hearing of this information . Mr Coppins gave Mr Small the top copy of this information and invited him to attend this hearing. Mr Small ripped this copy up and threw it on the ground. Mr Coppins picked the paper up and presented it to the committee as evidence of service. --Under Ruler 1107 (1) (a) which states --1 Any information or other document which is required to be served on any person pursuant to these Rules may be served on him in any of the following ways. --(a) by being delivered to him personally or being brought to his notice if he refuses to accept it; or --It is this Judicial Committees decision that Mr Small was served with this information set out above and the hearing was proceeded with in Mr Smalls absence . --Under Rule 1109 (1) this rule gives judicial Committee's the power to hear an information in the defendant's absence. --Mr Taumanu showed the video of the run home and this showed Spanish rain which had been racing in a trailing position come out and challenge the leader under a drive from Mr Small the driver. Mr Small was observed to strike Spanish Rain on at least 18 to 20 times and Mr Taumanu stated this was excessive and in breach of the rule and also the Whip Guidelines as set down by Harness Racing New Zealand which were advertised in the Harness Racing Weekly. --Mr Taumanu stated that to be consistent the whip was used too much on Spanish Rain and the times that this horse was struck with the whip were excessive and in breach of the rules. --Decision and Reasons. --The video of this incident was clear that Spanish Rain was under a hard drive and was driven out with the whip over the concluding stages of this race. --Having taken into account the submissions made as to penalty form Mr Taumanu and having been advised of Mr Smalls driving record which showed no breaches of the whip regulations or rule a fine of $200,00 was imposed in this instance. |
| -- |
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: 5fcab2ed8c66c6406d08912841d4392e
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 16/01/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Morrinsville TC - 16 January 2005 - Race 11
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--An information was filed alleging a breach of rule 869 (2) (a). the informant was Mr T W Taumanu and the defendant Mr G C Small Trainer /Driver of Spanish Rain in race 11 .
| -- An information was filed alleging a breach of rule 869 (2) (a). the informant was Mr T W Taumanu and the defendant Mr G C Small Trainer /Driver of Spanish Rain in race 11 . --The information stated that horseman G C Small used his whip excessively on Spanish Rain during the run home in this race. --Mr Small did not attend this hearing and evidence was presented to the Judicial Panel that Mr Keith Coppins the duly appointed registrar for this meeting approached Mr Small in the stabling area and asked him to attend the hearing of this information . Mr Coppins gave Mr Small the top copy of this information and invited him to attend this hearing. Mr Small ripped this copy up and threw it on the ground. Mr Coppins picked the paper up and presented it to the committee as evidence of service. --Under Ruler 1107 (1) (a) which states --1 Any information or other document which is required to be served on any person pursuant to these Rules may be served on him in any of the following ways. --(a) by being delivered to him personally or being brought to his notice if he refuses to accept it; or --It is this Judicial Committees decision that Mr Small was served with this information set out above and the hearing was proceeded with in Mr Smalls absence . --Under Rule 1109 (1) this rule gives judicial Committee's the power to hear an information in the defendant's absence. --Mr Taumanu showed the video of the run home and this showed Spanish rain which had been racing in a trailing position come out and challenge the leader under a drive from Mr Small the driver. Mr Small was observed to strike Spanish Rain on at least 18 to 20 times and Mr Taumanu stated this was excessive and in breach of the rule and also the Whip Guidelines as set down by Harness Racing New Zealand which were advertised in the Harness Racing Weekly. --Mr Taumanu stated that to be consistent the whip was used too much on Spanish Rain and the times that this horse was struck with the whip were excessive and in breach of the rules. --Decision and Reasons. --The video of this incident was clear that Spanish Rain was under a hard drive and was driven out with the whip over the concluding stages of this race. --Having taken into account the submissions made as to penalty form Mr Taumanu and having been advised of Mr Smalls driving record which showed no breaches of the whip regulations or rule a fine of $200,00 was imposed in this instance. |
| -- |
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a, 1107.1.a, 1109.1
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fb060d14ba62b2acac5b50586ddb2110
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b7b5a69f4705b4175ecbf921acab7d40
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/01/2005
meet_title: Morrinsville TC - 16 January 2005
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: morrinsville-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Morrinsville TC