Auckland TC 10 December 2010 – R 11
ID: JCA10785
Meet Title:
Auckland TC - 10 December 2010
Meet Chair:
BRowe
Meet Committee Member 1:
BScott
Race Date:
2010/12/10
Race Number:
R 11
Decision:
This is a clear cut case. The films show all the necessary evidence. The charge is proved.
Penalty:
Balancing the above matters but with emphasis on this being the 4th breach of the rule by Mr Orange a fine of $350 is imposed. Any further breach will likely attract a suspension of Mr Orange’s horsemans licence.
Charge:
Used his whip outside the confines of the sulky when driving KOTARE YAAKOV over the concluding stages of the race.
Facts:
Mr Muirhead showed and interpreted the video films of the run down the home straight. He said Mr Orange used his whip outside the confines of the sulky 14 times, the whip being used horizontally.
Submissions for Decision:
Mr Orange said his horse held its tail high and it was getting in his face. He said on 2 occasions his whip hand got caught in the tail and freeing it caused the whip to go outside the confines of the sulky. He said he hardly moved his arm; his whip was stiff and did not fold or bend. He said other drivers in the race had used their whips outside the confines of the sulky.
Reasons for Decision:
The films clearly show Mr Orange used his whip outside the confines of the sulky on 14 occasions. The committee accepts he got his whip hand caught in the tail of KOTARE YAAKOV on 2 occasions. However there is no explanation or excuse for the other 12 occasions when he used the whip outside the confines of his sulky.
Submissions for Penalty:
Mr Muirhead said Mr Orange had breached this rule on the 15th June 2010 and on 2 occasions on the 24th August. He said the offending was “lower to medium”; the penalty guideline starting point was a fine of $200 or 2 weeks suspension. He submitted a fine of $400 was appropriate or alternatively a suspension could be imposed.
Mr Orange submitted that a fine of $250 - $300 was appropriate.
Reasons for Penalty:
In fixing penalty the committee takes into account the submissions of Mr Muirhead and Mr Orange, the recommended starting point and accepts the offending is “lower to medium”. This is the 4th breach of this rule by Mr Orange in the last 6 months. This shows a somewhat cavalier attitude to this rule.
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: 023f8ac5fc15c2b8ac0a04a2f920239f
informantnumber: 68926
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 09/12/2010
hearing_title: Auckland TC 10 December 2010 - R 11
charge:
Used his whip outside the confines of the sulky when driving KOTARE YAAKOV over the concluding stages of the race.
facts:
Mr Muirhead showed and interpreted the video films of the run down the home straight. He said Mr Orange used his whip outside the confines of the sulky 14 times, the whip being used horizontally.
appealdecision:
isappeal:
submissionsfordecision:
Mr Orange said his horse held its tail high and it was getting in his face. He said on 2 occasions his whip hand got caught in the tail and freeing it caused the whip to go outside the confines of the sulky. He said he hardly moved his arm; his whip was stiff and did not fold or bend. He said other drivers in the race had used their whips outside the confines of the sulky.
reasonsfordecision:
The films clearly show Mr Orange used his whip outside the confines of the sulky on 14 occasions. The committee accepts he got his whip hand caught in the tail of KOTARE YAAKOV on 2 occasions. However there is no explanation or excuse for the other 12 occasions when he used the whip outside the confines of his sulky.
Decision:
This is a clear cut case. The films show all the necessary evidence. The charge is proved.
sumissionsforpenalty:
Mr Muirhead said Mr Orange had breached this rule on the 15th June 2010 and on 2 occasions on the 24th August. He said the offending was “lower to medium”; the penalty guideline starting point was a fine of $200 or 2 weeks suspension. He submitted a fine of $400 was appropriate or alternatively a suspension could be imposed.
Mr Orange submitted that a fine of $250 - $300 was appropriate.
reasonsforpenalty:
In fixing penalty the committee takes into account the submissions of Mr Muirhead and Mr Orange, the recommended starting point and accepts the offending is “lower to medium”. This is the 4th breach of this rule by Mr Orange in the last 6 months. This shows a somewhat cavalier attitude to this rule.
penalty:
Balancing the above matters but with emphasis on this being the 4th breach of the rule by Mr Orange a fine of $350 is imposed. Any further breach will likely attract a suspension of Mr Orange’s horsemans licence.
hearing_type: Hearing
Rules: 869(2)(c)
Informant: Mr J Muirhead, Stipendiary Steward
JockeysandTrainer: Mr B Orange
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c5263d8b4ac51a6f465151ba8e70756e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a3973030b797245464efeff45d5ee92d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/12/2010
meet_title: Auckland TC - 10 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BRowe
meet_pm1: BScott
meet_pm2: none
name: Auckland TC