Non-Raceday Inquiry – TW Jellyman
ID: JCA20099
Hearing Type (Code):
thoroughbred-racing
Decision: --
The defendant is charged with a breach of Rule 303(2) of the Rules of Harness Racing.
--
BEFORE A JUDICIAL COMMITTEE AT CHRISTCHURCH
--IN THE MATTER of the New Zealand Rules of Harness Racing
--BETWEEN Barry Alexander KITTO, Informant
--AND Timothy William JELLYMAN, Defendant
--APPEARING: Mr BA Kitto for Harness Racing New Zealand
--Mr N Ydgren, Registrar
--DATE OF HEARING: 26 May 2006
--JUDICIAL COMMITTEE: Mr JM Phelan, Chairman
--Mr RA Quirk
--_______________________________________________________________
--DECISION OF THE JUDICIAL COMMITTEE
--_______________________________________________________________
--The defendant is charged with a breach of Rule 303(2) of the Rules of Harness Racing. Racecourse Inspector Mr Kitto produced written authority from the General Manager of Harness Racing New Zealand (Exh "A") to lodge this Information.
--The charge (Information 66251) preferred by Racecourse Inspector Kitto reads as follows ?
--"I, the above named informant allege that the above named Defendant
--committed a breach of Rule 303(2) in that on the 19th day
------of April 2006, at Methven, Timothy William Jellyman, being the holder of a Licence to Train issued under the New Zealand Rules of Harness Racing did misconduct himself, namely by using intimidating and threatening language to the Officiating Stipendiary Steward Mr Neil Escott at the Methven Trotting Club's race meeting held at the Mt. Harding racecourse in breach of Rule 303(2) and is liable to the penalty or penalties which may be imposed in accordance with Rule 1003(1)(a), (b) and (c)."
--Rule 303(2) reads as follows ?
------"(2) No person or body who holds a permit or licence under these Rules and no owner, trainer, breeder, stablehand, unlicensed apprentice or racing manager shall misconduct himself or fail to comply with any request, direction, or instruction of any Stipendiary Steward, Racecourse Inspector or Starter."
--Mr Jellyman had indicated on the Information that he admitted this breach of the
--Rules, and he confirmed this at the hearing.
--Summary of Facts: Mr Kitto presented a "Summary of Facts" which is attached to this decision.
--Mr Jellyman trained and drove his horse "Kos I Can" in race 1 at the Methven Trotting Club's meeting on 2 April 2006. At the start of this race "Kos I Can" suffered interference and as a result it lost considerable ground. Mr Jellyman approached Stipendiary Steward Mr B. Williams and said that he did not believe that he had had a fair start. It was agreed that this possibility would be looked into, but after doing so the Stipendiary Stewards decided that the interference had taken place after the start, and in these circumstances the horse could not be late scratched.
--A short time later Mr Jellyman went to the Judicial room and demanded in a loud voice that Mr Escott do something about him not getting a fair start. An endeavour was made by the Stipendiary Stewards to explain the late scratching Rule to Mr Jellyman, but he would not listen and shouted at Mr Williams.
--Eventually Mr Escott asked Mr Jellyman to leave. Mr Jellyman then said that he would write to the Executive over this matter as he was sick of Mr Escott's laziness. On finally leaving Mr Jellyman repeated in a loud voice that Mr Escott was lazy.
--When asked for his comments on this statement of facts Mr Jellyman only took issue with being invited into the Judicial room by Mr Escott. Mr Jellyman disputed that this happened, but we are satisfied that whether or not the invitation was made is not relevant.
--Submissions on Penalty: Mr Kitto made submissions on penalty and also produced a list of previous penalties imposed for breaches of this Rule. Mr Kitto advised that Mr Jellyman had no previous relevant convictions and that he had pleaded guilty at the first opportunity. Mr Kitto recommended a fine of between $300-00 and $500-00.
----Mr Jellyman had no relevant submissions to make on penalty.
--Decision on Penalty: In the present case we find that Mr Jellyman was upset by the incident involving his horse, and that he was angry that it had not been late scratched. This was not a justification for Mr Jellyman's behaviour, and it is unacceptable when a Licence holder abuses a Stipendiary Steward who is doing his job.
--In deciding on an appropriate penalty we have taken into account Mr Jellyman's clear record and his guilty plea. We have also had regard to penalties imposed for breaches of this Rule in the past. Taking all these matters into account Mr Jellyman will be fined the sum of $400-00.
--Costs: Mr Kitto advised that no costs were being sought by HRNZ as this matter was heard on a race night. For this same reason no costs are being sought by the JCA. There will be no order for costs.
--JM Phelan
--Chairman
----
Decision Date: 01/01/2001
Publish Date: 01/01/2001
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: 3734e2542a586a3d8fbf8c72617b72f3
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 01/01/2001
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Non-Raceday Inquiry - TW Jellyman
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--The defendant is charged with a breach of Rule 303(2) of the Rules of Harness Racing.
--
BEFORE A JUDICIAL COMMITTEE AT CHRISTCHURCH
--IN THE MATTER of the New Zealand Rules of Harness Racing
--BETWEEN Barry Alexander KITTO, Informant
--AND Timothy William JELLYMAN, Defendant
--APPEARING: Mr BA Kitto for Harness Racing New Zealand
--Mr N Ydgren, Registrar
--DATE OF HEARING: 26 May 2006
--JUDICIAL COMMITTEE: Mr JM Phelan, Chairman
--Mr RA Quirk
--_______________________________________________________________
--DECISION OF THE JUDICIAL COMMITTEE
--_______________________________________________________________
--The defendant is charged with a breach of Rule 303(2) of the Rules of Harness Racing. Racecourse Inspector Mr Kitto produced written authority from the General Manager of Harness Racing New Zealand (Exh "A") to lodge this Information.
--The charge (Information 66251) preferred by Racecourse Inspector Kitto reads as follows ?
--"I, the above named informant allege that the above named Defendant
--committed a breach of Rule 303(2) in that on the 19th day
------of April 2006, at Methven, Timothy William Jellyman, being the holder of a Licence to Train issued under the New Zealand Rules of Harness Racing did misconduct himself, namely by using intimidating and threatening language to the Officiating Stipendiary Steward Mr Neil Escott at the Methven Trotting Club's race meeting held at the Mt. Harding racecourse in breach of Rule 303(2) and is liable to the penalty or penalties which may be imposed in accordance with Rule 1003(1)(a), (b) and (c)."
--Rule 303(2) reads as follows ?
------"(2) No person or body who holds a permit or licence under these Rules and no owner, trainer, breeder, stablehand, unlicensed apprentice or racing manager shall misconduct himself or fail to comply with any request, direction, or instruction of any Stipendiary Steward, Racecourse Inspector or Starter."
--Mr Jellyman had indicated on the Information that he admitted this breach of the
--Rules, and he confirmed this at the hearing.
--Summary of Facts:
Mr Kitto presented a "Summary of Facts" which is attached to this decision. --Mr Jellyman trained and drove his horse "Kos I Can" in race 1 at the Methven Trotting Club's meeting on 2 April 2006. At the start of this race "Kos I Can" suffered interference and as a result it lost considerable ground. Mr Jellyman approached Stipendiary Steward Mr B. Williams and said that he did not believe that he had had a fair start. It was agreed that this possibility would be looked into, but after doing so the Stipendiary Stewards decided that the interference had taken place after the start, and in these circumstances the horse could not be late scratched.
--A short time later Mr Jellyman went to the Judicial room and demanded in a loud voice that Mr Escott do something about him not getting a fair start. An endeavour was made by the Stipendiary Stewards to explain the late scratching Rule to Mr Jellyman, but he would not listen and shouted at Mr Williams.
--Eventually Mr Escott asked Mr Jellyman to leave. Mr Jellyman then said that he would write to the Executive over this matter as he was sick of Mr Escott's laziness. On finally leaving Mr Jellyman repeated in a loud voice that Mr Escott was lazy.
--When asked for his comments on this statement of facts Mr Jellyman only took issue with being invited into the Judicial room by Mr Escott. Mr Jellyman disputed that this happened, but we are satisfied that whether or not the invitation was made is not relevant.
--Submissions on Penalty:
Mr Kitto made submissions on penalty and also produced a list of previous penalties imposed for breaches of this Rule. Mr Kitto advised that Mr Jellyman had no previous relevant convictions and that he had pleaded guilty at the first opportunity. Mr Kitto recommended a fine of between $300-00 and $500-00.----Mr Jellyman had no relevant submissions to make on penalty.
--Decision on Penalty:
In the present case we find that Mr Jellyman was upset by the incident involving his horse, and that he was angry that it had not been late scratched. This was not a justification for Mr Jellyman's behaviour, and it is unacceptable when a Licence holder abuses a Stipendiary Steward who is doing his job.--In deciding on an appropriate penalty we have taken into account Mr Jellyman's clear record and his guilty plea. We have also had regard to penalties imposed for breaches of this Rule in the past. Taking all these matters into account Mr Jellyman will be fined the sum of $400-00.
--Costs:
Mr Kitto advised that no costs were being sought by HRNZ as this matter was heard on a race night. For this same reason no costs are being sought by the JCA. There will be no order for costs.--JM Phelan
--Chairman
----
sumissionsforpenalty:
reasonsforpenalty:
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hearing_type: Old Hearing
Rules: 303.2, 1003.1.a
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