Appeal – J McDonald March 2008
ID: JCA22254
Hearing Type (Code):
thoroughbred-racing
Decision:
This is an appeal against the decision of the Raceday Committee finding Mr. J.McDonald in breach of Rule 871 [1] [d] of the Rules of Thoroughbred Racing- Careless Riding.
DECISION OF APPEALS TRIBUNAL
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This is an appeal against the decision of the Raceday Committee finding Mr. J.McDonald in breach of Rule 871 [1] [d] of the Rules of Thoroughbred Racing- Careless Riding.
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We have read the transcript of the hearing which was challenged by Mr Jones as being inadequate because of the frequent gaps occurring. We believe those gaps can be filled both from the decision of the Committee and the film.
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Having taken into account the evidence before the Judicial Committee, viewed the films and heard the submissions by Mr Jones and Mr Oatham, we can see no justification for us to interfere in any way with the findings of the Judicial Committee.
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It is settled law that unless the Appellate Body reaches a clear conclusion that there was a wrongful exercise by the Judicial Committee of its discretion in that it gave no, or insufficient weight, to relevant considerations, it is not at liberty to substitute its own exercise of discretion for that exercised by the Judicial Committee.
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For the reasons given we believe that the finding of the Judicial Committee was correct and the appeal is dismissed.
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The filing fee is forfeited and costs of $1,000.00 are awarded against Mr J McDonald.
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We do not accept Mr Oatham’s submission that this was a frivolous appeal but believe that Mr. Jones obviously believed that there were genuine grounds for appeal.
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This is Mr J McDonald’s second charge of careless riding within two days and the penalty imposed was not excessive.
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Mr McDonald is currently riding under a stay and we are informed that he has firm riding commitments for Wednesday and Saturday, the 5th and 8th March respectively.
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The six day suspension imposed by the Judicial Committee will now commence from the conclusion of racing on Saturday the 8th March 2008 until the conclusion of racing on Sunday the 16th March 2008.
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Dated this 3rd day of March 2008
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Norman F. Smith
--Chairman.
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Decision Date: 01/01/2001
Publish Date: 01/01/2001
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: a65749a008232ebe0008984ffcd930ee
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 01/01/2001
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Appeal - J McDonald March 2008
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
This is an appeal against the decision of the Raceday Committee finding Mr. J.McDonald in breach of Rule 871 [1] [d] of the Rules of Thoroughbred Racing- Careless Riding.
DECISION OF APPEALS TRIBUNAL
--____________________________________________________________________________________________
----
This is an appeal against the decision of the Raceday Committee finding Mr. J.McDonald in breach of Rule 871 [1] [d] of the Rules of Thoroughbred Racing- Careless Riding.
----
We have read the transcript of the hearing which was challenged by Mr Jones as being inadequate because of the frequent gaps occurring. We believe those gaps can be filled both from the decision of the Committee and the film.
----
Having taken into account the evidence before the Judicial Committee, viewed the films and heard the submissions by Mr Jones and Mr Oatham, we can see no justification for us to interfere in any way with the findings of the Judicial Committee.
----
It is settled law that unless the Appellate Body reaches a clear conclusion that there was a wrongful exercise by the Judicial Committee of its discretion in that it gave no, or insufficient weight, to relevant considerations, it is not at liberty to substitute its own exercise of discretion for that exercised by the Judicial Committee.
----
For the reasons given we believe that the finding of the Judicial Committee was correct and the appeal is dismissed.
----
The filing fee is forfeited and costs of $1,000.00 are awarded against Mr J McDonald.
----
We do not accept Mr Oatham’s submission that this was a frivolous appeal but believe that Mr. Jones obviously believed that there were genuine grounds for appeal.
----
This is Mr J McDonald’s second charge of careless riding within two days and the penalty imposed was not excessive.
----
Mr McDonald is currently riding under a stay and we are informed that he has firm riding commitments for Wednesday and Saturday, the 5th and 8th March respectively.
----
The six day suspension imposed by the Judicial Committee will now commence from the conclusion of racing on Saturday the 8th March 2008 until the conclusion of racing on Sunday the 16th March 2008.
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Dated this 3rd day of March 2008
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--
--
--
Norman F. Smith
--Chairman.
--
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Rules: 871.1.d
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