Archive Decision

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Timaru HRC – 23 November 2008 – Race 9

ID: JCA20226

Hearing Type:
Old Hearing

Rules:
869.2.a

Hearing Type (Code):
harness-racing

Meet Title:
Timaru HRC - 23 November 2008

Race Date:
2008/11/23

Race Number:
Race 9

Decision:

Rule 869 (2) (a) :  Following the running of race number 9 the Stipendiary Stewards lodged an information instigating a charge against Mr McCormick alleging he used his whip excessively over the final 600 metres of the race while driving Shezadorabil.



Rule 869 (2) (a) :  Following the running of race number 9 the Stipendiary Stewards lodged an information instigating a charge against Mr McCormick alleging he used his whip excessively over the final 600 metres of the race while driving Shezadorabil.

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At the outset of the hearing Mr McCormick indicated he wished to hear from the Stipendiary Stewards before he pleaded.

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The Stipendiary Stewards said that from approximately the 600 metre mark Mr McCormick in a continuous fashion used his whip on the rump or tail of Shezadorabil in a manner which breached the rule and guidelines. The Stipendiary Stewards estimated that the horse was struck in a continuous manner approximately 40 – 41 times. Mr McCormick then accepted that a breach had occurred and accordingly the charge is found proven.

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The Stipendiary Stewards then showed the video evidence of the last 600 metres of the race and asked the Committee to note that Mr McCormick hit the horse on its rump or tail in a continuous manner approximately 40 –41 times.

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The Stipendiary Stewards recommended a fine only but submitted that the penalty should reflect a higher level of culpability as in their view all of the hitting actions were to the rump or tail of the horse and not to the cart. Mr McCormick for his part agreed with the submission of the Stipendiary Stewards.

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The Committee is of the view that a starting point for an offence of this nature should be $300.00 but after giving Mr McCormick credit for his guilty plea and the fact that he had no previous breaches during the last 12 months will allow a discount of $50.00. Mr McCormick is accordingly fined the sum of $250.00.

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Bevan Coombes

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: 4dd12c6111a28c4281f7a35c3c914040


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 23/11/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Timaru HRC - 23 November 2008 - Race 9


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Rule 869 (2) (a) :  Following the running of race number 9 the Stipendiary Stewards lodged an information instigating a charge against Mr McCormick alleging he used his whip excessively over the final 600 metres of the race while driving Shezadorabil.



Rule 869 (2) (a) :  Following the running of race number 9 the Stipendiary Stewards lodged an information instigating a charge against Mr McCormick alleging he used his whip excessively over the final 600 metres of the race while driving Shezadorabil.

--

 

--

At the outset of the hearing Mr McCormick indicated he wished to hear from the Stipendiary Stewards before he pleaded.

--


The Stipendiary Stewards said that from approximately the 600 metre mark Mr McCormick in a continuous fashion used his whip on the rump or tail of Shezadorabil in a manner which breached the rule and guidelines. The Stipendiary Stewards estimated that the horse was struck in a continuous manner approximately 40 – 41 times. Mr McCormick then accepted that a breach had occurred and accordingly the charge is found proven.

--

 

--

The Stipendiary Stewards then showed the video evidence of the last 600 metres of the race and asked the Committee to note that Mr McCormick hit the horse on its rump or tail in a continuous manner approximately 40 –41 times.

--

 

--

The Stipendiary Stewards recommended a fine only but submitted that the penalty should reflect a higher level of culpability as in their view all of the hitting actions were to the rump or tail of the horse and not to the cart. Mr McCormick for his part agreed with the submission of the Stipendiary Stewards.

--

 

--

The Committee is of the view that a starting point for an offence of this nature should be $300.00 but after giving Mr McCormick credit for his guilty plea and the fact that he had no previous breaches during the last 12 months will allow a discount of $50.00. Mr McCormick is accordingly fined the sum of $250.00.

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Bevan Coombes


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.2.a


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 29d23f6339ce9e0cd60dde01aba855d3


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 9


submittochair:


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meetid: 51fdd1d37954e3dc5c67a5205c8dbea9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/11/2008


meet_title: Timaru HRC - 23 November 2008


meet_expappcomment:


meet_km:


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tracklocation: timaru-hrc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Timaru HRC