Waikouaiti TC 13 February 2011 – R 5 (heard 3 March 2011 at Rangiora)
ID: JCA21801
Hearing Type (Code):
harness-racing
Meet Title:
Waikouaiti HRC - 13 February 2011
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2011/02/13
Race Number:
R5
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Stipendiary Steward Mr N. G. McIntyre
Defendant: Mr C. F. Middleton – Open Horseman
Information No: 69462
Meeting: Waikouaiti Trotting Club
Date: 13 February 2011
Venue: Waikouaiti Racecourse
Race No. 5: Cableways/Bayer NZ Limited Handicap Trot
Rule No: 869(2)(a)
Judicial Committee: J. M. Phelan Chairman - K. Hales Committee Member
Plea: Admitted.
Charge:
This matter was heard at the Rangiora Harness Racing Club’s race meeting at the Rangiora Raceway on 3 March 2011.
Following the running of Race 5, the Cableways/Bayer NZ Limited Handicap Trot, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr C. F. Middleton alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
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 C. F. Middleton (Savona) used his whip in an excessive manner in the run home.”
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.”
Facts:
Mr Middleton 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 Middleton had used his whip on about 24 occasions in the run home.
Mr Middleton said that he agreed that he had used the whip on about the number of occasions referred to by Mr McIntyre, but that he had been mainly using the reins. He accepted that “it was not a good look”.
Decision:
As Mr Middleton had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions on Penalty:
In relation to penalty Mr McIntyre advised that Mr Middleton had a previous conviction in May 2010 for a breach of this Rule. As he had admitted the breach it was submitted that a fine of
$250-00 should be imposed.
Mr Middleton submitted that a fine of between $150-00 and $250-00 should be considered.
We adjourned to consider the matter of an appropriate penalty.
Reasons:
After considering the submissions on penalty we took into account that this was Mr Middleton’s second conviction in the last 12 months. On the other hand he had admitted the breach and accepted that this incident was “not a good look”. We decided that in this case a fine of $250-00 would be imposed.
On resuming the hearing we advised the parties of our decision.
Penalty:
Mr Middleton was fined the sum of $250-00.
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: bd4a5000783e422334e99f1032f72922
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 13/02/2011
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Waikouaiti TC 13 February 2011 - R 5 (heard 3 March 2011 at Rangiora)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Stipendiary Steward Mr N. G. McIntyre
Defendant: Mr C. F. Middleton – Open Horseman
Information No: 69462
Meeting: Waikouaiti Trotting Club
Date: 13 February 2011
Venue: Waikouaiti Racecourse
Race No. 5: Cableways/Bayer NZ Limited Handicap Trot
Rule No: 869(2)(a)
Judicial Committee: J. M. Phelan Chairman - K. Hales Committee Member
Plea: Admitted.
Charge:
This matter was heard at the Rangiora Harness Racing Club’s race meeting at the Rangiora Raceway on 3 March 2011.
Following the running of Race 5, the Cableways/Bayer NZ Limited Handicap Trot, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr C. F. Middleton alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
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 C. F. Middleton (Savona) used his whip in an excessive manner in the run home.”
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.”
Facts:
Mr Middleton 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 Middleton had used his whip on about 24 occasions in the run home.
Mr Middleton said that he agreed that he had used the whip on about the number of occasions referred to by Mr McIntyre, but that he had been mainly using the reins. He accepted that “it was not a good look”.
Decision:
As Mr Middleton had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions on Penalty:
In relation to penalty Mr McIntyre advised that Mr Middleton had a previous conviction in May 2010 for a breach of this Rule. As he had admitted the breach it was submitted that a fine of
$250-00 should be imposed.
Mr Middleton submitted that a fine of between $150-00 and $250-00 should be considered.
We adjourned to consider the matter of an appropriate penalty.
Reasons:
After considering the submissions on penalty we took into account that this was Mr Middleton’s second conviction in the last 12 months. On the other hand he had admitted the breach and accepted that this incident was “not a good look”. We decided that in this case a fine of $250-00 would be imposed.
On resuming the hearing we advised the parties of our decision.
Penalty:
Mr Middleton was fined the sum of $250-00.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2)(a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f819d95cfb91d1fbd8d95463ac9a4913
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
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meetdate: 13/02/2011
meet_title: Waikouaiti HRC - 13 February 2011
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