Auckland TC 24 May 2019 – R 4 – Chair, Mr A Dooley
ID: JCA13285
Meet Title:
Auckland TC - 24 May 2019
Meet Chair:
ADooley
Meet Committee Member 1:
ASmith
Race Date:
2019/05/24
Race Number:
R4
Decision:
As Mr Abernethy admitted the breach the Committee found the charge proved.
Penalty:
The Committee imposes a fine of $200 on Mr Abernethy.
Facts:
Following the running of Race 4, www.ONE33.CO.NZ MOBILE PACE 2200 METRES, an Information was filed by Senior Stipendiary Steward Mr S Mulcay. He alleged that Licensed Open Horseman, Mr J Abernethy, breached Rule 869(2) in that he used his whip more times than permitted driving BRYDON EARL over the final 400 metres.
Rule 869(2) provides that:
(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.
The Use of the Whip Guidelines provides that:
-The whip shall not be used more than 10 times in the last 400m of a race, this is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Abernethy admitted the breach and advised that he did not wish to be present at the hearing. He endorsed the Information accordingly.
Senior Stipendiary Steward, Mr Mulcay, used available video footage to demonstrate the breach. He showed that from the 250 metre mark BRYDON EARL (Mr J Abernethy) was racing wide out on the track. He said that from the straight entrance to the winning post Mr Abernethy used his whip 13 times.
Submissions for Penalty:
Mr Mulcay submitted that Mr Abernethy has a clear record in terms of this Rule. He advised that Mr Abernethy has had 246 drives since his last breach. He said that the JCA Penalty Guide provided a $200 fine for a first offence where the number of strikes is between 11 and 13.
Reasons for Penalty:
The JCA Penalty Guidelines for a 1st breach of the Use of Whip Regulations establish starting points, on a graduated scale. The number of strikes between 11 and 13 has a $200 starting point.
Since Mr Abernethy’s prior breach he has had 246 drives which includes the reset period of 200 drives.
The Committee reviewed the video footage and it is clear that Mr Abernethy used his whip on 13 occasions in the final straight. The Committee observed that the strikes were not forceful.
We note that BRYDON EARL finished in 3rd place.
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: 5d4dd7dd2d63750ccf3a5faf7ae693d3
informantnumber: A10323
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of the Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 25/05/2019
hearing_title: Auckland TC 24 May 2019 - R 4 - Chair, Mr A Dooley
charge:
facts:
Following the running of Race 4, www.ONE33.CO.NZ MOBILE PACE 2200 METRES, an Information was filed by Senior Stipendiary Steward Mr S Mulcay. He alleged that Licensed Open Horseman, Mr J Abernethy, breached Rule 869(2) in that he used his whip more times than permitted driving BRYDON EARL over the final 400 metres.
Rule 869(2) provides that:
(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.
The Use of the Whip Guidelines provides that:
-The whip shall not be used more than 10 times in the last 400m of a race, this is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Abernethy admitted the breach and advised that he did not wish to be present at the hearing. He endorsed the Information accordingly.
Senior Stipendiary Steward, Mr Mulcay, used available video footage to demonstrate the breach. He showed that from the 250 metre mark BRYDON EARL (Mr J Abernethy) was racing wide out on the track. He said that from the straight entrance to the winning post Mr Abernethy used his whip 13 times.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Abernethy admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Mulcay submitted that Mr Abernethy has a clear record in terms of this Rule. He advised that Mr Abernethy has had 246 drives since his last breach. He said that the JCA Penalty Guide provided a $200 fine for a first offence where the number of strikes is between 11 and 13.
reasonsforpenalty:
The JCA Penalty Guidelines for a 1st breach of the Use of Whip Regulations establish starting points, on a graduated scale. The number of strikes between 11 and 13 has a $200 starting point.
Since Mr Abernethy’s prior breach he has had 246 drives which includes the reset period of 200 drives.
The Committee reviewed the video footage and it is clear that Mr Abernethy used his whip on 13 occasions in the final straight. The Committee observed that the strikes were not forceful.
We note that BRYDON EARL finished in 3rd place.
penalty:
The Committee imposes a fine of $200 on Mr Abernethy.
hearing_type: Hearing
Rules: 869(2) clause b whip regulations
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr J Abernethy - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d543667a902ab5b96bdbfa675d0dc908
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b92b896a3170f790117e2942daa5241f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/05/2019
meet_title: Auckland TC - 24 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: ASmith
meet_pm2: none
name: Auckland TC