Manukau TC 1 June 2012 – R 12 (heard at Auckland on 8 June 2012)
ID: JCA22637
Hearing Type (Code):
harness-racing
Meet Title:
Manukau TC - 1 June 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
BScott
Race Date:
2012/06/01
Race Number:
R12
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr J Muirhead - Stipendiary Steward
Respondent: Mr J Abernethy - Open Horseman
Information No: A2363
Meeting: Manukau Trotting Club
Date: 1 June 2012 – Heard at Auckland on 8 June 2012
Venue: Alexandra Park
Rule No: 869(2)(a)
Race: 12
Judicial Committee: A Dooley, Chairman - B Scott, Committee Member
Plea: Admitted
Charge
This is an adjourned hearing from race 12 at the Manukau Trotting Club meeting held on 1 June 2012.
The information alleged that Senior Horseman Mr J Abernethy used his whip in a manner which stewards deemed to be excessive.
Evidence
Mr Muirhead demonstrated the incident by using the available films. He pointed out to the committee that Mr Abernethy used his whip 18 times over the final 250 metres on the horse ACES AND EIGHTS.
Mr Abernethy acknowledged Mr Muirhead’s evidence to be correct and had nothing further to say.
Decision
As Mr Abernethy admitted the breach we find the charge proved.
Submissions for Penalty
Mr Muirhead produced Mr Abernethy’s record which showed no previous breach of this rule in the last 12 months. He submitted that the JCA guidelines establish a starting point for a breach of this nature at 6 drives or a $300 fine. He submitted the breach should be assessed as mid to low range and Mr Abernethy should be given credit for his admission of the breach and his clear record. Mr Muirhead submitted a $200 fine would be an appropriate penalty.
Mr Abernethy submitted that the committee should take into account his admission of the breach and his clear record under this rule. He acknowledged that a $200 fine was consistent with recent penalties.
Reasons for Penalty
The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Abernethy’s admission of the breach and his very good record. However, this has to be balanced against the severity and frequency of Mr Abernethy’s use of the whip. We assess the breach to be low range.
In assessing an appropriate penalty we took into account the submissions of Mr Muirhead and Mr Abernethy. We also considered the JCA penalty guide and referred to the recent listing of penalties for similar breaches. We note that another driver in the same race was fined $200 for the same breach, therefore we assess an appropriate penalty is a $200 fine.
Penalty
Accordingly, we impose a fine of $200.
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: e018d34bde3809bc2f025031e5c41410
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 01/06/2012
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Manukau TC 1 June 2012 - R 12 (heard at Auckland on 8 June 2012)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr J Muirhead - Stipendiary Steward
Respondent: Mr J Abernethy - Open Horseman
Information No: A2363
Meeting: Manukau Trotting Club
Date: 1 June 2012 – Heard at Auckland on 8 June 2012
Venue: Alexandra Park
Rule No: 869(2)(a)
Race: 12
Judicial Committee: A Dooley, Chairman - B Scott, Committee Member
Plea: Admitted
Charge
This is an adjourned hearing from race 12 at the Manukau Trotting Club meeting held on 1 June 2012.
The information alleged that Senior Horseman Mr J Abernethy used his whip in a manner which stewards deemed to be excessive.
Evidence
Mr Muirhead demonstrated the incident by using the available films. He pointed out to the committee that Mr Abernethy used his whip 18 times over the final 250 metres on the horse ACES AND EIGHTS.
Mr Abernethy acknowledged Mr Muirhead’s evidence to be correct and had nothing further to say.
Decision
As Mr Abernethy admitted the breach we find the charge proved.
Submissions for Penalty
Mr Muirhead produced Mr Abernethy’s record which showed no previous breach of this rule in the last 12 months. He submitted that the JCA guidelines establish a starting point for a breach of this nature at 6 drives or a $300 fine. He submitted the breach should be assessed as mid to low range and Mr Abernethy should be given credit for his admission of the breach and his clear record. Mr Muirhead submitted a $200 fine would be an appropriate penalty.
Mr Abernethy submitted that the committee should take into account his admission of the breach and his clear record under this rule. He acknowledged that a $200 fine was consistent with recent penalties.
Reasons for Penalty
The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Abernethy’s admission of the breach and his very good record. However, this has to be balanced against the severity and frequency of Mr Abernethy’s use of the whip. We assess the breach to be low range.
In assessing an appropriate penalty we took into account the submissions of Mr Muirhead and Mr Abernethy. We also considered the JCA penalty guide and referred to the recent listing of penalties for similar breaches. We note that another driver in the same race was fined $200 for the same breach, therefore we assess an appropriate penalty is a $200 fine.
Penalty
Accordingly, we impose a fine of $200.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2)(a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 33e663e19a3eb3fb69371479a10d016e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R12
submittochair:
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meetid: cc46ddf098ce6f1bfcb9f9351ec356d9
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meet_emailed2: 0
meetdate: 01/06/2012
meet_title: Manukau TC - 1 June 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: BScott
meet_pm2: none
name: Manukau TC