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Franklin TC – 15 February 2008 – Race 4

ID: JCA22821

Hearing Type:
Old Hearing

Rules:
868.3

Hearing Type (Code):
harness-racing

Meet Title:
Franklin TC - 15 February 2008

Race Date:
2008/02/15

Race Number:
Race 4

Decision: An information lodged by Stipendiary Steward Mr J Muirhead against Junior Horseman Mr M White driver of JAZZ BROMAC alleging a breach of rule 868 (3) – failing to drive his horse out to the end of the race

An information lodged by Stipendiary Steward Mr J Muirhead against Junior Horseman Mr M White driver of JAZZ BROMAC alleging a breach of rule 868 (3) – failing to drive his horse out to the end of the race – in that he did not drive the horse out when he had a reasonable chance of running first.  Mr White denied the breach and was assisted at the hearing by senior horseman Mr T Shaw.

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Mr Muirhead gave evidence of his observations of the race and his interpretation of the video film.  He said Mr White showed vigour in the early part of the run home using his whip and shaking up the horse.  He said about 15 to 20 metres from the winning post Mr White sat up, turned his whip and did not drive his horse out to the end of the race.  At the time Mr White stopped driving the horse out, JAZZ BROMAC was in front.  JAZZ BROMAC finished 2nd, beaten by a head.  Mr Muirhead said it appeared Mr White thought he had the race won and had made a mistake – a bad judgement.  Mr Muirhead emphasised that the rule used the word ‘shall’.  He said it was irrelevant whether or not JAZZ BROMAC would have won the race if driven out.  In answer to a question from Mr Shaw Mr Muirhead said he didn’t see any bad reaction from the horse when it was hit with the whip.

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Mr White said he was driving the horse out.  It had been pipped on the line two starts ago.  The horse has a tendency to ‘knock up’.  He said he had hit the horse with the whip in the past but it had made no difference.  The horse doesn’t take kindly to being hit with the whip.  He also said it wouldn’t have made any difference to the result if he had kept hitting the horse.

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DECISION & REASON :

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I accept the evidence of Mr Muirhead as it is confirmed by the video film.  Mr White had been using the whip and other means in a responsible manner up until about the last 20m of the race.  He then clearly sat up, turned his whip and stopped driving the horse.  The video evidence was compelling.  At the time Mr White stopped using the whip JAZZ BROMAC was in front, and had a very good chance of winning the race. 

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Charge proven.

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PENALTY :

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Mr Muirhead suggested a minimum suspension of 6 weeks or a fine of $1,000.00.  He said Mr White was New Zealand’s leading junior driver and was about to go to Australia to represent New Zealand in the Australasian Junior Drivers’ championship.  He said Mr White had no relevant breaches of the rules recorded against him.  Mr Shaw said Mr White would prefer a fine and he suggested the sum of $600.00.

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In fixing penalty I took into account the following matters :

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1.         The submissions of Mr Muirhead.

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2.         The submissions of Mr Shaw.

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3.         No relevant breaches of the rules recorded against Mr White.

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4.         Mr White’s driving is normally of a very high standard.

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5.         JAZZ BROMAC had a very good chance of winning the race.

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6.         This was a serious error of judgement on the part of Mr White.

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7.         The offending was in the upper end on the scale of seriousness.

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8.         It would be unfair to deprive Mr White of the opportunity to represent New Zealand in Australia.

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9.         The nature of the offending called for a suspension rather than a fine.

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10.       The recommended starting point for a breach of the Rule is a fine of $500.00 and/or four weeks suspension.

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Balancing all of those matters I suspended Mr White’s horseman’s licence for a period of five weeks commencing at the end of racing on the 22nd February 2008 and concluding at the end of racing on the 28th March 2008 – that enables Mr White to compete in Australia.

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B Rowe

Chairman

JCA Decision Fields (raw)

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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: e1bea326f22907b00f9aac5b5a40abaf

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 15/02/2008

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Franklin TC - 15 February 2008 - Race 4

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

An information lodged by Stipendiary Steward Mr J Muirhead against Junior Horseman Mr M White driver of JAZZ BROMAC alleging a breach of rule 868 (3) – failing to drive his horse out to the end of the race

An information lodged by Stipendiary Steward Mr J Muirhead against Junior Horseman Mr M White driver of JAZZ BROMAC alleging a breach of rule 868 (3) – failing to drive his horse out to the end of the race – in that he did not drive the horse out when he had a reasonable chance of running first.  Mr White denied the breach and was assisted at the hearing by senior horseman Mr T Shaw.

--

 

--

Mr Muirhead gave evidence of his observations of the race and his interpretation of the video film.  He said Mr White showed vigour in the early part of the run home using his whip and shaking up the horse.  He said about 15 to 20 metres from the winning post Mr White sat up, turned his whip and did not drive his horse out to the end of the race.  At the time Mr White stopped driving the horse out, JAZZ BROMAC was in front.  JAZZ BROMAC finished 2nd, beaten by a head.  Mr Muirhead said it appeared Mr White thought he had the race won and had made a mistake – a bad judgement.  Mr Muirhead emphasised that the rule used the word ‘shall’.  He said it was irrelevant whether or not JAZZ BROMAC would have won the race if driven out.  In answer to a question from Mr Shaw Mr Muirhead said he didn’t see any bad reaction from the horse when it was hit with the whip.

--

 

--

Mr White said he was driving the horse out.  It had been pipped on the line two starts ago.  The horse has a tendency to ‘knock up’.  He said he had hit the horse with the whip in the past but it had made no difference.  The horse doesn’t take kindly to being hit with the whip.  He also said it wouldn’t have made any difference to the result if he had kept hitting the horse.

--

 

--

DECISION & REASON :

--

I accept the evidence of Mr Muirhead as it is confirmed by the video film.  Mr White had been using the whip and other means in a responsible manner up until about the last 20m of the race.  He then clearly sat up, turned his whip and stopped driving the horse.  The video evidence was compelling.  At the time Mr White stopped using the whip JAZZ BROMAC was in front, and had a very good chance of winning the race. 

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Charge proven.

--

 

--

 

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PENALTY :

--

Mr Muirhead suggested a minimum suspension of 6 weeks or a fine of $1,000.00.  He said Mr White was New Zealand’s leading junior driver and was about to go to Australia to represent New Zealand in the Australasian Junior Drivers’ championship.  He said Mr White had no relevant breaches of the rules recorded against him.  Mr Shaw said Mr White would prefer a fine and he suggested the sum of $600.00.

--

In fixing penalty I took into account the following matters :

--

1.         The submissions of Mr Muirhead.

--

2.         The submissions of Mr Shaw.

--

3.         No relevant breaches of the rules recorded against Mr White.

--

4.         Mr White’s driving is normally of a very high standard.

--

5.         JAZZ BROMAC had a very good chance of winning the race.

--

6.         This was a serious error of judgement on the part of Mr White.

--

7.         The offending was in the upper end on the scale of seriousness.

--

8.         It would be unfair to deprive Mr White of the opportunity to represent New Zealand in Australia.

--

9.         The nature of the offending called for a suspension rather than a fine.

--

10.       The recommended starting point for a breach of the Rule is a fine of $500.00 and/or four weeks suspension.

--

 

--

Balancing all of those matters I suspended Mr White’s horseman’s licence for a period of five weeks commencing at the end of racing on the 22nd February 2008 and concluding at the end of racing on the 28th March 2008 – that enables Mr White to compete in Australia.

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B Rowe

Chairman

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 868.3

Informant:

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PersonPresent:

Respondent:

StipendSteward:

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race_title: Race 4

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meetdate: 15/02/2008

meet_title: Franklin TC - 15 February 2008

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