Archive Decision

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Cambridge – Te Awamutu HRC – 28 December 2007 – Race 3

ID: JCA22937

Hearing Type:
Old Hearing

Rules:
869.2.a

Hearing Type (Code):
harness-racing

Meet Title:
Cambridge - Te Awamutu HRC - 28 December 2007

Race Date:
2007/12/28

Race Number:
Race 3

Decision: An information lodged by Stipendiary Steward Mr T Taumanu against Mr G A Martin, driver of BEST TO LIVE, alleging a breach of Rule 869 (2) (a) – excessive use of the whip – in that he used his whip excessively and outside the confines of the sulky

An information lodged by Stipendiary Steward Mr T Taumanu against Mr G A Martin, driver of BEST TO LIVE, alleging a breach of Rule 869 (2) (a) – excessive use of the whip – in that he used his whip excessively and outside the confines of the sulky when driving his horse out over the latter stages of the race.  Mr Martin admitted the breach and did not wish to be present at the hearing.  Mr Taumanu demonstrated the incident by use of the video film.  Mr Martin struck his horse with the whip about 17 times in the last 150 metres of the race, most of the hits being continuous and with the whip being used outside the confines of the sulky.

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PENALTY

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Mr Taumanu said the only relevant breach of the rules by Mr Martin in the last 12 months was also for excessive use of the whip, but that breach was almost 12 months ago.  He said he had told Mr Martin he would be recommending a suspension of Mr Martin’s horseman’s licence up to and including 4th January 2008.  He said Mr Martin had indicated he could not pay a fine.  The recommendation was recorded on the information and had been signed in acceptance by Mr Martin.  In fixing penalty I took into account the following matters :

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1.         The guilty plea – although this was inevitable.

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2.         Mr Martin’s driving record.

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3.         The offending was in the upper half on the scale of seriousness.

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4.         The recommendation of Mr Taumanu and its acceptance by Mr Martin.

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5.         The recommended starting point for a breach of this rule is a fine of $250.00 or a 1 week suspension.

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6.         Mr Martin’s  inability to pay a fine.

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Balancing those matters, I suspend Mr Martin’s horseman’s licence from the end of racing tonight until the end of racing on 4 January 2008 which is effectively 2 days.

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B J Rowe

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: f9a73324ac11e7f33be51449becc3fec


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 28/12/2007


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Cambridge - Te Awamutu HRC - 28 December 2007 - Race 3


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

An information lodged by Stipendiary Steward Mr T Taumanu against Mr G A Martin, driver of BEST TO LIVE, alleging a breach of Rule 869 (2) (a) – excessive use of the whip – in that he used his whip excessively and outside the confines of the sulky

An information lodged by Stipendiary Steward Mr T Taumanu against Mr G A Martin, driver of BEST TO LIVE, alleging a breach of Rule 869 (2) (a) – excessive use of the whip – in that he used his whip excessively and outside the confines of the sulky when driving his horse out over the latter stages of the race.  Mr Martin admitted the breach and did not wish to be present at the hearing.  Mr Taumanu demonstrated the incident by use of the video film.  Mr Martin struck his horse with the whip about 17 times in the last 150 metres of the race, most of the hits being continuous and with the whip being used outside the confines of the sulky.

--

 

--

PENALTY

--

 

--

Mr Taumanu said the only relevant breach of the rules by Mr Martin in the last 12 months was also for excessive use of the whip, but that breach was almost 12 months ago.  He said he had told Mr Martin he would be recommending a suspension of Mr Martin’s horseman’s licence up to and including 4th January 2008.  He said Mr Martin had indicated he could not pay a fine.  The recommendation was recorded on the information and had been signed in acceptance by Mr Martin.  In fixing penalty I took into account the following matters :

--

 

--

1.         The guilty plea – although this was inevitable.

--

2.         Mr Martin’s driving record.

--

3.         The offending was in the upper half on the scale of seriousness.

--

4.         The recommendation of Mr Taumanu and its acceptance by Mr Martin.

--

5.         The recommended starting point for a breach of this rule is a fine of $250.00 or a 1 week suspension.

--

6.         Mr Martin’s  inability to pay a fine.

--

 

--

Balancing those matters, I suspend Mr Martin’s horseman’s licence from the end of racing tonight until the end of racing on 4 January 2008 which is effectively 2 days.

--

 

--

B J Rowe

Chairman

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.2.a


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raceid: 4d9d699098c7ef23465d2cb68e351a98


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race_emailed1: 0


race_emailed2: 0


race_title: Race 3


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meetdate: 28/12/2007


meet_title: Cambridge - Te Awamutu HRC - 28 December 2007


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tracklocation: cambridge-te-awamutu-hrc


meet_racingtype: harness-racing


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name: Cambridge - Te Awamutu HRC