Archive Decision

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NZ Metro TC – 9 October 2010 – R 7

ID: JCA20907

Hearing Type:
Old Hearing

Rules:
869(2)(c)

Hearing Type (Code):
harness-racing

Meet Title:
NZ Metro TC - 9 October 2010

Meet Chair:
tom

Meet Committee Member 1:
tom

Meet Committee Member 2:
tom

Race Date:
2010/10/09

Race Number:
R 7

Decision: --

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant:  Mr N. R. Escott, Chief Stipendiary Steward

--

Defendant:  Mr C. D. Thornley, Open Horseman (did not attend)

--

Information No:  69288

--

Meeting:  New Zealand Metropolitan Trotting Club    

--

Date:  9 October 2010

--

Venue:  Addington Raceway  

--

Race 7:  Fahey Fence Hire Mobile Pace         

--

Rule:  869(2)(c)

--

Judicial Committee:  J. M. Phelan, Chairman - K. G. Hales, Committee Member

--

Plea:  Admitted           

--

 

--

Charge:

--

Following the running of Race 7, the Fahey Fence Hire Mobile Pace, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott against Open Horseman Mr C. D. Thornley alleging a breach of Rule 869(2)(c).  It was alleged that the Mr Thornley used his whip outside the confines of his sulky.

--

 

--

The Information reads as follows.

--

 

--

“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2)(c) in that C. D. Thornley (Fuse) used his whip outside the confines of the sulky.”

--

 

--

Rule 869(2)(c) reads as follows.  

--

 

--

“(2) No horseman shall during any race:-

--

(a)   ….

--

(b)   ….

--

(c)    Project his whip outside the sulky or draw his whip further back than the sulky seat.”

--

 

--

Facts:

--

Mr Escott gave evidence and used video coverage to show that in the final straight Mr Thornley had used his whip outside the confines of his sulky.

--

 

--

Mr Thornley had indicated on the Information that this breach of the Rules was admitted, and also that he did not wish to attend the hearing.

--

 

--

Decision:

--

As Mr Thornley had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

--

 

--

Submissions on Penalty:

--

Mr Escott made submissions that Mr Thornley had not previously breached Rule 869(2)(c) and that an appropriate penalty in this case was a fine of $200-00.  We were satisfied that a fine of this amount was in line with the Penalty Guide and previous penalties imposed for a breach of this Rule.

--

 

--

Penalty:

--

Accordingly Mr Thornley was fined the sum of $200-00.

--

 

--

 

--

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: 7ae2f07a4eb8b266301d1a2b59ef662a


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 09/10/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: NZ Metro TC - 9 October 2010 - R 7


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant:  Mr N. R. Escott, Chief Stipendiary Steward

--

Defendant:  Mr C. D. Thornley, Open Horseman (did not attend)

--

Information No:  69288

--

Meeting:  New Zealand Metropolitan Trotting Club    

--

Date:  9 October 2010

--

Venue:  Addington Raceway  

--

Race 7:  Fahey Fence Hire Mobile Pace         

--

Rule:  869(2)(c)

--

Judicial Committee:  J. M. Phelan, Chairman - K. G. Hales, Committee Member

--

Plea:  Admitted           

--

 

--

Charge:

--

Following the running of Race 7, the Fahey Fence Hire Mobile Pace, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott against Open Horseman Mr C. D. Thornley alleging a breach of Rule 869(2)(c).  It was alleged that the Mr Thornley used his whip outside the confines of his sulky.

--

 

--

The Information reads as follows.

--

 

--

“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2)(c) in that C. D. Thornley (Fuse) used his whip outside the confines of the sulky.”

--

 

--

Rule 869(2)(c) reads as follows.  

--

 

--

“(2) No horseman shall during any race:-

--

(a)   ….

--

(b)   ….

--

(c)    Project his whip outside the sulky or draw his whip further back than the sulky seat.”

--

 

--

Facts:

--

Mr Escott gave evidence and used video coverage to show that in the final straight Mr Thornley had used his whip outside the confines of his sulky.

--

 

--

Mr Thornley had indicated on the Information that this breach of the Rules was admitted, and also that he did not wish to attend the hearing.

--

 

--

Decision:

--

As Mr Thornley had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

--

 

--

Submissions on Penalty:

--

Mr Escott made submissions that Mr Thornley had not previously breached Rule 869(2)(c) and that an appropriate penalty in this case was a fine of $200-00.  We were satisfied that a fine of this amount was in line with the Penalty Guide and previous penalties imposed for a breach of this Rule.

--

 

--

Penalty:

--

Accordingly Mr Thornley was fined the sum of $200-00.

--

 

--

 

--

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869(2)(c)


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: eb9566710c64aed139e23185f9fdbfd2


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 57d4070e3aff1c8941edf1303ea5e803


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/10/2010


meet_title: NZ Metro TC - 9 October 2010


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: tom


meet_pm1: tom


meet_pm2: tom


name: NZ Metro TC