Franklin TC – 16 October 2009 – Race 6
ID: JCA20720
Hearing Type (Code):
harness-racing
Meet Title:
Franklin TC - 16 October 2009
Race Date:
2009/10/16
Race Number:
Race 6
Decision:
An information filed by Stipendiary Steward Mr J. Muirhead against Junior Horseman Mr R. Downey driver of HE’S MY HERO alleging a breach of the above rule in that he used his whip excessively over the concluding stages of the race.
An information filed by Stipendiary Steward Mr J. Muirhead against Junior Horseman Mr R. Downey driver of HE’S MY HERO alleging a breach of the above rule in that he used his whip excessively over the concluding stages of the race. Mr Downey admitted the breach and was present at the hearing assisted by Senior Horseman Mr P. Ferguson. Mr Muirhead said Mr Downey struck his horse 19 times with the whip in the last 150m of the race, some of the hits being quite forceful. The video film of the race confirmed Mr Muirhead’s account.
--Penalty:
--Mr Muirhead said Mr Downey had no relevant breaches of the rules recorded against him and that he had been spoken to advisedly at length about the incident. He said the offending was mid-range on the scale of seriousness. He said the recommended starting point was a fine of $250.00 but as Mr Downey was a Junior Driver, he recommended a fine of $200.00. Mr Ferguson accepted Mr Muirhead’s account of what had happened. He said Mr Downey was over exuberant – HE’S MY HERO won the race. Mr Ferguson said Mr Downey will learn from the advice given and he accepted that a fine of $200.00 was appropriate.
--In fixing penalty the Committee takes into account the guilty plea, Mr Downey’s clear driving record, the offending was mid-range on the scale of seriousness, the submissions of Mr Muirhead and the acceptance of those submissions by Mr Ferguson and that as stated by Mr Muirhead the recommended starting point is a penalty of $250.00 or a one week suspension. Balancing those matters and with emphasis on Mr Downey’s clear driving record and the fact that he is a Junior Driver, the Committee imposes a fine of $200.00.
--
B. Rowe
CHAIR
67721
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: 81edf17132e4af8b178014e4f743cc36
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 16/10/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Franklin TC - 16 October 2009 - Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information filed by Stipendiary Steward Mr J. Muirhead against Junior Horseman Mr R. Downey driver of HE’S MY HERO alleging a breach of the above rule in that he used his whip excessively over the concluding stages of the race.
An information filed by Stipendiary Steward Mr J. Muirhead against Junior Horseman Mr R. Downey driver of HE’S MY HERO alleging a breach of the above rule in that he used his whip excessively over the concluding stages of the race. Mr Downey admitted the breach and was present at the hearing assisted by Senior Horseman Mr P. Ferguson. Mr Muirhead said Mr Downey struck his horse 19 times with the whip in the last 150m of the race, some of the hits being quite forceful. The video film of the race confirmed Mr Muirhead’s account.
--Penalty:
--Mr Muirhead said Mr Downey had no relevant breaches of the rules recorded against him and that he had been spoken to advisedly at length about the incident. He said the offending was mid-range on the scale of seriousness. He said the recommended starting point was a fine of $250.00 but as Mr Downey was a Junior Driver, he recommended a fine of $200.00. Mr Ferguson accepted Mr Muirhead’s account of what had happened. He said Mr Downey was over exuberant – HE’S MY HERO won the race. Mr Ferguson said Mr Downey will learn from the advice given and he accepted that a fine of $200.00 was appropriate.
--In fixing penalty the Committee takes into account the guilty plea, Mr Downey’s clear driving record, the offending was mid-range on the scale of seriousness, the submissions of Mr Muirhead and the acceptance of those submissions by Mr Ferguson and that as stated by Mr Muirhead the recommended starting point is a penalty of $250.00 or a one week suspension. Balancing those matters and with emphasis on Mr Downey’s clear driving record and the fact that he is a Junior Driver, the Committee imposes a fine of $200.00.
--
B. Rowe
CHAIR
67721
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 23db6e83f6773685bfd6e944ea69af33
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 13bfdb4a0f789eb07d2119f830cb454f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/10/2009
meet_title: Franklin TC - 16 October 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Franklin TC