Methven TC – 17 December 2006 – Race 10
ID: JCA22124
Hearing Type (Code):
harness-racing
Meet Title:
Methven TC - 17 December 2006
Race Date:
2006/12/17
Race Number:
Race 10
Decision:
Following the running of race number 10 at the Methven Trotting Club on 17th December 2006 an information was filed by the Stipendiary Stewards against P G O?Reilly alleging a breach of 869 (2) (a).
--
DECISION & REASON
--Following the running of race number 10 at the Methven Trotting Club on 17th December 2006 an information was filed by the Stipendiary Stewards against P G O?Reilly alleging a breach of 869 (2) (a).
----The information alleges that Mr O?Reilly used his whip in an excessive manner over the final stages whilst driving Jefferson in race 10. It is noted that the information was lodged at 6.00 p.m. on 17th December 2006 and adjourned to today as Mr O?Reilly had left the course at that time.
----At the outset of the hearing Mr O?Reilly confirmed that he did not admit the breach and wished to be heard.
----Mrs K Williams, Stipendiary Steward, after reading the relevant rule and the guidelines gave evidence of the alleged incident saying that she observed Mr O?Reilly used the whip on his horse Jefferson in excess of 20 times over a distance of approximately 200 metres in the run to the Judge. Mrs Williams then demonstrated the incident with the use of the video evidence and counted the strokes of the whip, some of which were forehand and some of which were backhand, but asked the Committee to note that there was no discernible break between the actions complained of. She did also accept that some of the actions may have hit the cart rather than the horse itself.
----Mr O?Reilly said that he did break the sequence by using his normal whip action and then changed to backhand action and then back to his normal action and, therefore, in his view was not in breach of the rule and guidelines. He also suggested that some of the backhand actions were on to the cart only.
----The Committee, after giving consideration to the evidence of the Stipendiary Stewards, Mr O?Reilly and the video evidence is of the view that the actions complained of by the Stipendiary Stewards were a breach of the relevant rule and the guidelines which Mr O?Reilly acknowledged he understood. Mr O?Reilly's actions were continuous, nothwithstanding that some were a usual whip act and some were backhand. In the Committee's view it is of little relevance whether or not the whip actions hit the horse or the cart. As a matter of fact it finds that Mr O?Reilly's actions were continuous for at least 20 hits over a period of 200 metres and, accordingly, the charge is found proven.
----In respect of penalty the Stipendiary Stewards recommended a fine only as this was the first occasion in the current year that Mr O?Reilly had appeared before a Judicial Committee under the relevant rule. Mr O?Reilly made no submissions as to penalty.
--The Committee, after considering the submissions of the Stipendiary Stewards, agrees that a monetary penalty only is appropriate and, accordingly, Mr O?Reilly is fined the sum of $200.00.
------------
--B Coombes
--CHAIRMAN
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: c8b1d6411b17dbe6684ee0c4a21ab037
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 17/12/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Methven TC - 17 December 2006 - Race 10
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of race number 10 at the Methven Trotting Club on 17th December 2006 an information was filed by the Stipendiary Stewards against P G O?Reilly alleging a breach of 869 (2) (a).
--
DECISION & REASON
--Following the running of race number 10 at the Methven Trotting Club on 17th December 2006 an information was filed by the Stipendiary Stewards against P G O?Reilly alleging a breach of 869 (2) (a).
----The information alleges that Mr O?Reilly used his whip in an excessive manner over the final stages whilst driving Jefferson in race 10. It is noted that the information was lodged at 6.00 p.m. on 17th December 2006 and adjourned to today as Mr O?Reilly had left the course at that time.
----At the outset of the hearing Mr O?Reilly confirmed that he did not admit the breach and wished to be heard.
----Mrs K Williams, Stipendiary Steward, after reading the relevant rule and the guidelines gave evidence of the alleged incident saying that she observed Mr O?Reilly used the whip on his horse Jefferson in excess of 20 times over a distance of approximately 200 metres in the run to the Judge. Mrs Williams then demonstrated the incident with the use of the video evidence and counted the strokes of the whip, some of which were forehand and some of which were backhand, but asked the Committee to note that there was no discernible break between the actions complained of. She did also accept that some of the actions may have hit the cart rather than the horse itself.
----Mr O?Reilly said that he did break the sequence by using his normal whip action and then changed to backhand action and then back to his normal action and, therefore, in his view was not in breach of the rule and guidelines. He also suggested that some of the backhand actions were on to the cart only.
----The Committee, after giving consideration to the evidence of the Stipendiary Stewards, Mr O?Reilly and the video evidence is of the view that the actions complained of by the Stipendiary Stewards were a breach of the relevant rule and the guidelines which Mr O?Reilly acknowledged he understood. Mr O?Reilly's actions were continuous, nothwithstanding that some were a usual whip act and some were backhand. In the Committee's view it is of little relevance whether or not the whip actions hit the horse or the cart. As a matter of fact it finds that Mr O?Reilly's actions were continuous for at least 20 hits over a period of 200 metres and, accordingly, the charge is found proven.
----In respect of penalty the Stipendiary Stewards recommended a fine only as this was the first occasion in the current year that Mr O?Reilly had appeared before a Judicial Committee under the relevant rule. Mr O?Reilly made no submissions as to penalty.
--The Committee, after considering the submissions of the Stipendiary Stewards, agrees that a monetary penalty only is appropriate and, accordingly, Mr O?Reilly is fined the sum of $200.00.
------------
--B Coombes
--CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 57321fcfb295e330823f19dc118ac293
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fab923665dcfa54e2f2f2feff1767e1f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/12/2006
meet_title: Methven TC - 17 December 2006
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Methven TC