Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Banks Peninsula TC – 29 December 2007 – Race 2

ID: JCA22137

Hearing Type:
Old Hearing

Rules:
869.2.a

Hearing Type (Code):
harness-racing

Meet Title:
Banks Peninsula TC - 29 December 2007

Race Date:
2007/12/29

Race Number:
Race 2

Decision: --

Following the running of Race 2, Phil Murfitt Orthodontist Mobile Pace, an information was filed by Stipendiary Steward, Mr B D Williams, against Licensed Open Driver, Mr C F Middleton, alleging a breach of Rule 869 (2) (a) in that Mr Middleton, as the driver of CALDER HIGHWAY in the Race, "used the whip excessively over the final 300 metres".



--

DECISION AND REASONS:

--

Following the running of Race 2, Phil Murfitt Orthodontist Mobile Pace, an information was filed by Stipendiary Steward, Mr B D Williams, against Licensed Open Driver, Mr C F Middleton, alleging a breach of Rule 869 (2) (a) in that Mr Middleton, as the driver of CALDER HIGHWAY in the Race, "used the whip excessively over the final 300 metres".

--

--

Mr Middleton was present at the hearing of the information and admitted the breach. The charge was found proved accordingly.

--

--

Mrs K R Williams, Stipendiary Steward, showed a video replay of the final 300 metres of the Race. She pointed out Mr Middleton, driving CALDER HIGHWAY, commence using his whip at that stage and continue using it to the finishing line. Mrs Williams stated that there was concern at not only the number of times that the whip was used (22 times she alleged) but also the force with which the whip was used. Mr Middleton’s whip action was not "up and down" and his arm was "right back". The use of the whip was continuous with no breaks, Mrs Williams alleged.

--

--

In relation to penalty, Mr Williams submitted that Mr Middleton was an experienced, senior horseman and not one who offended "on a regular basis", certainly not in relation to excessive use of the whip. He recommended a fine of $200.

--

--

 

--

Mr Middleton explained that the horse is "very, very lazy". He conceded that he has a bad whip action because he has had an elbow operation and experiences problems with that elbow. He further acknowledged that his use of the whip "looked awful". He submitted that he hardly uses the whip at all and usually goes to the line with the whip under his arm, whether winning or getting beaten. He does not like hitting horses, he said.

--

--

The Committee took into account Mr Middleton’s admission of the breach, his previous good record and also the submissions of the parties.

--

--

Mr Middleton was fined the sum of $200.

--

--

--

--

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: cb215f3aa5be7f0cabe2fa585e162705


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 29/12/2007


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Banks Peninsula TC - 29 December 2007 - Race 2


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

Following the running of Race 2, Phil Murfitt Orthodontist Mobile Pace, an information was filed by Stipendiary Steward, Mr B D Williams, against Licensed Open Driver, Mr C F Middleton, alleging a breach of Rule 869 (2) (a) in that Mr Middleton, as the driver of CALDER HIGHWAY in the Race, "used the whip excessively over the final 300 metres".



--

DECISION AND REASONS:

--

Following the running of Race 2, Phil Murfitt Orthodontist Mobile Pace, an information was filed by Stipendiary Steward, Mr B D Williams, against Licensed Open Driver, Mr C F Middleton, alleging a breach of Rule 869 (2) (a) in that Mr Middleton, as the driver of CALDER HIGHWAY in the Race, "used the whip excessively over the final 300 metres".

--

--

Mr Middleton was present at the hearing of the information and admitted the breach. The charge was found proved accordingly.

--

--

Mrs K R Williams, Stipendiary Steward, showed a video replay of the final 300 metres of the Race. She pointed out Mr Middleton, driving CALDER HIGHWAY, commence using his whip at that stage and continue using it to the finishing line. Mrs Williams stated that there was concern at not only the number of times that the whip was used (22 times she alleged) but also the force with which the whip was used. Mr Middleton’s whip action was not "up and down" and his arm was "right back". The use of the whip was continuous with no breaks, Mrs Williams alleged.

--

--

In relation to penalty, Mr Williams submitted that Mr Middleton was an experienced, senior horseman and not one who offended "on a regular basis", certainly not in relation to excessive use of the whip. He recommended a fine of $200.

--

--

 

--

Mr Middleton explained that the horse is "very, very lazy". He conceded that he has a bad whip action because he has had an elbow operation and experiences problems with that elbow. He further acknowledged that his use of the whip "looked awful". He submitted that he hardly uses the whip at all and usually goes to the line with the whip under his arm, whether winning or getting beaten. He does not like hitting horses, he said.

--

--

The Committee took into account Mr Middleton’s admission of the breach, his previous good record and also the submissions of the parties.

--

--

Mr Middleton was fined the sum of $200.

--

--

--

--

CHAIRMAN


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.2.a


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ae50e6083c4e3b11b5cac0117e1b8221


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 11dbee3277bd5a6964d2a14fc0c0d7a9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/12/2007


meet_title: Banks Peninsula TC - 29 December 2007


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Banks Peninsula TC