Manawatu HRC – 16 February 2006 – Race 2
ID: JCA22365
Hearing Type (Code):
harness-racing
Meet Title:
Manawatu HRC - 16 February 2006
Race Date:
2006/02/16
Race Number:
Race 2
Decision:
Following the running of Race 2, the Enrol Now on 0800 Massey Mobile Pace, J Abernethy the driver of CHROMEAZOME was charged with a breach of Rule 869(2)(a).
Following the running of Race 2, the Enrol Now on 0800 Massey Mobile Pace, J Abernethy the driver of CHROMEAZOME was charged with a breach of Rule 869(2)(a).
--It was alleged that Mr Abernethy used his whip excessively over the concluding stages of the race.
--Mr Abernethy admitted the breach, and being a Junior driver was assisted at the hearing by Senior horseman T F Shaw.
--PENALTY
--Prior to making his submissions on penalty Mr Escott demonstrated the incident by way of the films of the race. He also presented Mr Abernethy's record which demonstrated two previous breaches of the excessive use rule. The first being in August 2005 and the latest on the 2nd of February this year.
--Mr Escott submitted that Mr Abernethy was a very promising driver and had a good future ahead of him, however he not taken heed of the recent fine for a breach of the excessive use rule and as such a more deterrent penalty needed to be imposed.
--He further submitted that he believed that a suspension of five days would be appropriate in this case.
--Mr Abernathy when addressing the committee stated that CHROMEAZONE was a very sluggish horse and as such had to be driven aggressively and this had contributed to his breaching the rule.
--He also stated that he was a leading contender for the Australasian Junior Driver Championship to be held in Australia later in March and he asked that that be taken into consideration.
--Mr Shaw when addressing the committee submitted that the five days asked for, would in this case be excessive as Mr Abernethy was a very busy driver on race-day and a suspension of this duration would equate to some 35 drives. He contended that one day plus a fine would be a more appropriate penalty.
--PENALTY
--After carefully considering all that has been presented the committee finds that the appropriate penalty, in this case, should be a term of suspension.
--Mr Abernethy has twice breached the excessive use rule in the past few months, and with the most recent breach occurring only a matter of two weeks ago it is of concern that he has failed to heed the purpose of the penalties imposed against him.
--Therefore the penalty imposed must reflect the committee's concern at Mr Abernethy appearing on a second charge in such a short space of time.
--When considering the quantum to be imposed the committee is mindful of the above together with informants submission requesting five days, however the number of drives that Mr Abernathy has is of significance and must be applied as a factor in mitigation, as is the admission of the breach.
--Therefore after taking all factors into consideration the committee finds that Mr Abernethy be suspended from the close of racing on Friday 17th of February up to and including racing on Thursday 2nd of March. (3 days)
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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: bdf2c5fa571d997dcd386efdcc9d1740
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 16/02/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Manawatu HRC - 16 February 2006 - Race 2
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 2, the Enrol Now on 0800 Massey Mobile Pace, J Abernethy the driver of CHROMEAZOME was charged with a breach of Rule 869(2)(a).
Following the running of Race 2, the Enrol Now on 0800 Massey Mobile Pace, J Abernethy the driver of CHROMEAZOME was charged with a breach of Rule 869(2)(a).
--It was alleged that Mr Abernethy used his whip excessively over the concluding stages of the race.
--Mr Abernethy admitted the breach, and being a Junior driver was assisted at the hearing by Senior horseman T F Shaw.
--PENALTY
--Prior to making his submissions on penalty Mr Escott demonstrated the incident by way of the films of the race. He also presented Mr Abernethy's record which demonstrated two previous breaches of the excessive use rule. The first being in August 2005 and the latest on the 2nd of February this year.
--Mr Escott submitted that Mr Abernethy was a very promising driver and had a good future ahead of him, however he not taken heed of the recent fine for a breach of the excessive use rule and as such a more deterrent penalty needed to be imposed.
--He further submitted that he believed that a suspension of five days would be appropriate in this case.
--Mr Abernathy when addressing the committee stated that CHROMEAZONE was a very sluggish horse and as such had to be driven aggressively and this had contributed to his breaching the rule.
--He also stated that he was a leading contender for the Australasian Junior Driver Championship to be held in Australia later in March and he asked that that be taken into consideration.
--Mr Shaw when addressing the committee submitted that the five days asked for, would in this case be excessive as Mr Abernethy was a very busy driver on race-day and a suspension of this duration would equate to some 35 drives. He contended that one day plus a fine would be a more appropriate penalty.
--PENALTY
--After carefully considering all that has been presented the committee finds that the appropriate penalty, in this case, should be a term of suspension.
--Mr Abernethy has twice breached the excessive use rule in the past few months, and with the most recent breach occurring only a matter of two weeks ago it is of concern that he has failed to heed the purpose of the penalties imposed against him.
--Therefore the penalty imposed must reflect the committee's concern at Mr Abernethy appearing on a second charge in such a short space of time.
--When considering the quantum to be imposed the committee is mindful of the above together with informants submission requesting five days, however the number of drives that Mr Abernathy has is of significance and must be applied as a factor in mitigation, as is the admission of the breach.
--Therefore after taking all factors into consideration the committee finds that Mr Abernethy be suspended from the close of racing on Friday 17th of February up to and including racing on Thursday 2nd of March. (3 days)
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sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 47368c1fc817c3031f5f7e3765205a12
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: 3e9e5db243dd3aadf5726e2a3c45f92e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/02/2006
meet_title: Manawatu HRC - 16 February 2006
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Manawatu HRC