Kumeu TC – 27 March 2009 – Race 7
ID: JCA20457
Hearing Type (Code):
harness-racing
Meet Title:
Kumeu TC - 27 March 2009
Race Date:
2009/03/27
Race Number:
Race 7
Decision:
An information filed by Stipendiary Steward Mr J. Muirhead against Junior Driver Mr H. Cullen alleging a breach of Rule 869 (2) (a) in that he used his whip excessively when driving CAMERON JAKE over the concluding stages of the race.
An information filed by Stipendiary Steward Mr J. Muirhead against Junior Driver Mr H. Cullen alleging a breach of Rule 869 (2) (a) in that he used his whip excessively when driving CAMERON JAKE over the concluding stages of the race.
--Mr Cullen denied the breach and was assisted at the hearing by Senior Horseman Mr B. Mangos.
--Mr Muirhead demonstrated the incident by use of the video film. He said Mr Cullen hit his horse with the whip about 21 times in the last 350m of the race including 15 times in the home straight. He was not cross examined.
--Mr Cullen said he tapped up his horse and it kicked on and kept giving a bit more. He said it ran third when it was only 5th turning for home. Mr Mangos said the horse was a bludger, Mr Cullen was not thrashing it and if he had not hit it the way he did, it would have only run 7th or 8th. Mr T. Macfarlane, trainer of the horse, said that he had been told by a previous horseman that if you stop driving the horse, the horse stops trying. He pointed out the horse ran third only half a head from second. Mr Macfarlane in response to a question from the Chairman said that he had told Mr Cullen to keep driving the horse all the way or else it would pull up. He acknowledged Mr Cullen had not used any other alternative means to using the whip.
--Decision:
--The film shows that the last 11 times that Mr Cullen hit the horse were continuous and forceful. That is a clear breach of the rule. The charge is proven. The basis of the defense was that it was necessary to hit the horse with the whip frequently otherwise it would not give of its best. That is not a defense to this charge.
--Penalty:
--Mr Muirhead said the recommended starting point was a fine of $250.00 and that was his recommendation for penalty. He said Mr Cullen had a clear record as far as this rule is concerned and the offending was mid-scale on the scale of seriousness. At the suggestion of the Chairman Mr Cullen agreed that the instructions given to him by Mr Macfarlane should be taken into account. In fixing penalty the committee takes into account the following matters:
--1. The submissions of Mr Muirhead.
2. The request by Mr Cullen regarding the instructions of Mr Macfarlane.
3. The offending was mid-range on the scale of seriousness.
4. Mr Cullen’s clear driving record.
5. The instructions given by Mr Macfarlane, taking into account Mr Cullen is a junior driver, are a mitigating factor.
6. The recommended starting point as stated by Mr Muirhead.
Balancing those matters the committee imposes a fine of $200.00.
--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: 8af06fe626cc7dd9dca777e018beffe4
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 27/03/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Kumeu TC - 27 March 2009 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information filed by Stipendiary Steward Mr J. Muirhead against Junior Driver Mr H. Cullen alleging a breach of Rule 869 (2) (a) in that he used his whip excessively when driving CAMERON JAKE over the concluding stages of the race.
An information filed by Stipendiary Steward Mr J. Muirhead against Junior Driver Mr H. Cullen alleging a breach of Rule 869 (2) (a) in that he used his whip excessively when driving CAMERON JAKE over the concluding stages of the race.
--Mr Cullen denied the breach and was assisted at the hearing by Senior Horseman Mr B. Mangos.
--Mr Muirhead demonstrated the incident by use of the video film. He said Mr Cullen hit his horse with the whip about 21 times in the last 350m of the race including 15 times in the home straight. He was not cross examined.
--Mr Cullen said he tapped up his horse and it kicked on and kept giving a bit more. He said it ran third when it was only 5th turning for home. Mr Mangos said the horse was a bludger, Mr Cullen was not thrashing it and if he had not hit it the way he did, it would have only run 7th or 8th. Mr T. Macfarlane, trainer of the horse, said that he had been told by a previous horseman that if you stop driving the horse, the horse stops trying. He pointed out the horse ran third only half a head from second. Mr Macfarlane in response to a question from the Chairman said that he had told Mr Cullen to keep driving the horse all the way or else it would pull up. He acknowledged Mr Cullen had not used any other alternative means to using the whip.
--Decision:
--The film shows that the last 11 times that Mr Cullen hit the horse were continuous and forceful. That is a clear breach of the rule. The charge is proven. The basis of the defense was that it was necessary to hit the horse with the whip frequently otherwise it would not give of its best. That is not a defense to this charge.
--Penalty:
--Mr Muirhead said the recommended starting point was a fine of $250.00 and that was his recommendation for penalty. He said Mr Cullen had a clear record as far as this rule is concerned and the offending was mid-scale on the scale of seriousness. At the suggestion of the Chairman Mr Cullen agreed that the instructions given to him by Mr Macfarlane should be taken into account. In fixing penalty the committee takes into account the following matters:
--1. The submissions of Mr Muirhead.
2. The request by Mr Cullen regarding the instructions of Mr Macfarlane.
3. The offending was mid-range on the scale of seriousness.
4. Mr Cullen’s clear driving record.
5. The instructions given by Mr Macfarlane, taking into account Mr Cullen is a junior driver, are a mitigating factor.
6. The recommended starting point as stated by Mr Muirhead.
Balancing those matters the committee imposes a fine of $200.00.
--B. Rowe
Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b59c4d61b06a09e7bfc3952553fef54a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a1a90628acbe65b630d5b03155153d01
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/03/2009
meet_title: Kumeu TC - 27 March 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kumeu-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Kumeu TC