Kumeu TC – 5 May 2009 – Race 9
ID: JCA21824
Hearing Type (Code):
harness-racing
Meet Title:
Kumeu TC - 5 May 2009
Race Date:
2009/05/05
Race Number:
Race 9
Decision: Following Race 9 Information # 67659 was filed by Stipendiary Steward Mr J Muirhead against Mr S Phillips, driver of CIPOLLETTI, alleging a breach of Rule 869 (2) (a) in that he used his whip excessively in the run home.
Following Race 9 Information # 67659 was filed by Stipendiary Steward Mr J Muirhead against Mr S Phillips, driver of CIPOLLETTI, alleging a breach of Rule 869 (2) (a) in that he used his whip excessively in the run home.
--Mr Phillips admitted the breach and was present at the hearing. This was an amateur drivers’ race. CIPOLLETTI won the race.
--Mr Muirhead demonstrated the breach by use of the video film. He said Mr Phillips used his whip about 26 times in the run home, including hitting the sulky on occasions. Mr Phillips said he was aware of the use of the whip guidelines issued by the Chief Stipendiary Steward on 01 August 2006. He said he mostly hit the shaft or the dust sheet. He said it was the first tote race for amateur drivers, the excitement was high and it got the better of him. He saw another horse coming down the outside and didn’t want to lose the race.
--PENALTY
Mr Muirhead said the recommended starting point penalty was a fine of $250 or a 1 week suspension. He recommended a fine of $250. Mr Phillips accepted that recommendation – it was his first offence and he mostly hit the shaft or the sheet.
In fixing penalty the Committee takes into account the following :
1. The guilty plea – although this was somewhat inevitable.
2. The submission of Mr Muirhead.
3. The explanation of Mr Phillips and his acceptance of the submission of Mr Muirhead.
4. The offending was above the midpoint on the scale of seriousness – not only because of the number of times the whip was used, but also because towards the end of the race the whip was used continuously.
5. This was Mr Phillips’ first tote race drive.
6. The recommended starting point penalty.
Balancing those matters, the Committee imposes a fine of $250. Mr Phillips was congratulated on driving the winner of the first tote race for amateur drivers but he was also reminded of the greater responsibilities he and his fellow amateur drivers now have as a result of their greater public exposure associated with driving in tote races – including not committing breaches of the rules which adversely affect the public perception of harness racing – such as excessive use of the whip. Mr Phillips said he accepted the advice, and as requested by the committee would pass that advice on to his fellow amateur drivers.
B J Rowe
Chair
67659
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: c136f0486797a1f06b8e743ce3b204c6
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 05/05/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Kumeu TC - 5 May 2009 - Race 9
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following Race 9 Information # 67659 was filed by Stipendiary Steward Mr J Muirhead against Mr S Phillips, driver of CIPOLLETTI, alleging a breach of Rule 869 (2) (a) in that he used his whip excessively in the run home.Following Race 9 Information # 67659 was filed by Stipendiary Steward Mr J Muirhead against Mr S Phillips, driver of CIPOLLETTI, alleging a breach of Rule 869 (2) (a) in that he used his whip excessively in the run home.
--Mr Phillips admitted the breach and was present at the hearing. This was an amateur drivers’ race. CIPOLLETTI won the race.
--Mr Muirhead demonstrated the breach by use of the video film. He said Mr Phillips used his whip about 26 times in the run home, including hitting the sulky on occasions. Mr Phillips said he was aware of the use of the whip guidelines issued by the Chief Stipendiary Steward on 01 August 2006. He said he mostly hit the shaft or the dust sheet. He said it was the first tote race for amateur drivers, the excitement was high and it got the better of him. He saw another horse coming down the outside and didn’t want to lose the race.
--PENALTY
Mr Muirhead said the recommended starting point penalty was a fine of $250 or a 1 week suspension. He recommended a fine of $250. Mr Phillips accepted that recommendation – it was his first offence and he mostly hit the shaft or the sheet.
In fixing penalty the Committee takes into account the following :
1. The guilty plea – although this was somewhat inevitable.
2. The submission of Mr Muirhead.
3. The explanation of Mr Phillips and his acceptance of the submission of Mr Muirhead.
4. The offending was above the midpoint on the scale of seriousness – not only because of the number of times the whip was used, but also because towards the end of the race the whip was used continuously.
5. This was Mr Phillips’ first tote race drive.
6. The recommended starting point penalty.
Balancing those matters, the Committee imposes a fine of $250. Mr Phillips was congratulated on driving the winner of the first tote race for amateur drivers but he was also reminded of the greater responsibilities he and his fellow amateur drivers now have as a result of their greater public exposure associated with driving in tote races – including not committing breaches of the rules which adversely affect the public perception of harness racing – such as excessive use of the whip. Mr Phillips said he accepted the advice, and as requested by the committee would pass that advice on to his fellow amateur drivers.
B J Rowe
Chair
67659
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f4ce7acfd0b40a4234c97d41b92be0f1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 9
submittochair:
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meetid: 698f2635a739a88831b4ea0c8f45a43f
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/05/2009
meet_title: Kumeu TC - 5 May 2009
meet_expappcomment:
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tracklocation: kumeu-tc
meet_racingtype: harness-racing
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name: Kumeu TC