NZ Metro TC 4 August 2011 – R 6 (heard at Rangiora on 14 August 2011)
ID: JCA21366
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 4 August 2011
Meet Chair:
KHales
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/08/04
Race Number:
R 6
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr N. G. McIntyre - Stipendiary Steward
Defendant: Mr B. M. Thomas – Junior Horseman
Information No: 66841
Meeting: New Zealand Metropolitan Trotting Club
Date: 4 August 2011
Venue: Addington Raceway
Race No: 6 - Tintin In America – 4 New Zealand Records Mobile Pace
Rule No: 869(2)(a)
Judicial Committee: J. M. Phelan Chairman - K. G. Hales Committee Member
Plea: Admitted
Facts:
This matter was heard at the Rangiora Harness Racing Club’s race meeting at Rangiora Raceway on 14 August 2011.
Following the running of Race 6, the Tintin In America – 4 New Zealand Records Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Junior Horseman Mr B. M. Thomas alleging a breach of Rule 869(2)(a) in that he used his whip excessively when driving “What A Card” (3). Mr Thomas is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr B. N. Orange.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that Mr Thomas used his whip in a manner which was excessive.”
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Submissions for Decision:
Mr Thomas had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr McIntyre gave evidence and used video coverage to show that Mr Thomas had used his whip on about 21 occasions in the run home.
Reasons for Decision:
As Mr Thomas had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
Submission for Penalty:
In relation to penalty Mr McIntyre advised that Mr Thomas had previously breached this Rule on 26 April 2011 when he was fined $200-00. As Mr Thomas had admitted the breach Mr McIntyre submitted that a fine in the vicinity of $300-00 should be imposed in this case. It was also established that Mr Thomas has been driving for one season, and has had 54 life time drives.
On behalf of Mr Thomas Mr Orange made submissions that a fine of $300-00 was a bit steep for a person in Mr Thomas’ situation, as he has very few drives.
We adjourned to consider the matter of an appropriate penalty.
Reasons for Penalty:
After considering the submissions on penalty we took into account that Mr Thomas had previously breached this Rule in April 2011. On the other hand he had admitted the breach, and he is clearly not getting many driving opportunities at this stage of his career. We agree that a fine of $300-00 would be quite onerous for Mr Thomas, and taking all the above matters into account decided that he would be fined the sum of $250-00. However Mr Thomas needs to be aware that further breaches of this Rule in the near future will very likely result in more severe penalties.
On resuming the hearing we advised the parties of our decision.
Penalty:
Mr Thomas was fined the sum of $250-00.
________________ __________________
M. Phelan K. G. Hales
Chairman Committee Member
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: 997f8de6e97ca01409c34f916c43e243
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 04/08/2011
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC 4 August 2011 - R 6 (heard at Rangiora on 14 August 2011)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr N. G. McIntyre - Stipendiary Steward
Defendant: Mr B. M. Thomas – Junior Horseman
Information No: 66841
Meeting: New Zealand Metropolitan Trotting Club
Date: 4 August 2011
Venue: Addington Raceway
Race No: 6 - Tintin In America – 4 New Zealand Records Mobile Pace
Rule No: 869(2)(a)
Judicial Committee: J. M. Phelan Chairman - K. G. Hales Committee Member
Plea: Admitted
Facts:
This matter was heard at the Rangiora Harness Racing Club’s race meeting at Rangiora Raceway on 14 August 2011.
Following the running of Race 6, the Tintin In America – 4 New Zealand Records Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Junior Horseman Mr B. M. Thomas alleging a breach of Rule 869(2)(a) in that he used his whip excessively when driving “What A Card” (3). Mr Thomas is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr B. N. Orange.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that Mr Thomas used his whip in a manner which was excessive.”
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Submissions for Decision:
Mr Thomas had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Mr McIntyre gave evidence and used video coverage to show that Mr Thomas had used his whip on about 21 occasions in the run home.
Reasons for Decision:
As Mr Thomas had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
Submission for Penalty:
In relation to penalty Mr McIntyre advised that Mr Thomas had previously breached this Rule on 26 April 2011 when he was fined $200-00. As Mr Thomas had admitted the breach Mr McIntyre submitted that a fine in the vicinity of $300-00 should be imposed in this case. It was also established that Mr Thomas has been driving for one season, and has had 54 life time drives.
On behalf of Mr Thomas Mr Orange made submissions that a fine of $300-00 was a bit steep for a person in Mr Thomas’ situation, as he has very few drives.
We adjourned to consider the matter of an appropriate penalty.
Reasons for Penalty:
After considering the submissions on penalty we took into account that Mr Thomas had previously breached this Rule in April 2011. On the other hand he had admitted the breach, and he is clearly not getting many driving opportunities at this stage of his career. We agree that a fine of $300-00 would be quite onerous for Mr Thomas, and taking all the above matters into account decided that he would be fined the sum of $250-00. However Mr Thomas needs to be aware that further breaches of this Rule in the near future will very likely result in more severe penalties.
On resuming the hearing we advised the parties of our decision.
Penalty:
Mr Thomas was fined the sum of $250-00.
________________ __________________
M. Phelan K. G. Hales
Chairman Committee Member
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2)(a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b5f0cbb9943252b5992b95272447ce63
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
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meetid: 531526a2e6b711cf8719d71f1fd92606
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meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/08/2011
meet_title: NZ Metro TC - 4 August 2011
meet_expappcomment:
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: KHales
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC