Auckland TC 26 May 2017 – R 6 – Chair, Mr A Godsalve
ID: JCA13162
Meet Title:
Auckland TC - 26 May 2017
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2017/05/26
Race Number:
R 1
Decision:
As Mr Brosnan has admitted the breach we find the charge proved.
Penalty:
Accordingly we impose a fine of $300 on Mr Brosnan.
Facts:
Following the running of Race 6, the GARRARDS HORSE & HOUND HANDICAP TROT 2700m, Mr Muirhead presented an Information alleging that Mr Brosnan used his whip excessively inside the final 400m when driving TORBJORN.
Mr Brosnan was present at the hearing and acknowledged that he understood the Rule and that he admitted the breach.
Rule 869(2)(a) provides that 'No horseman shall during any race use his whip in an unnecessary, excessive or improper manner'.
Using the available films, Mr Muirhead identified TORBJORN as the horse passed the 400m mark. From that point until the finish Mr Muirhead pointed out that Mr Brosnan had struck the horse 13 times. The horse eventually finished in 4th place.
Mr Brosnan acknowledged that he had used his whip excessively, however he had nothing else to say.
Submissions for Penalty:
Mr Muirhead referred to the JCA Penalty Guide which provides a fine of $500 or a 2 day suspension as a starting point for a breach of this Rule. He said that Mr Brosnan did not have any previous breaches within the past 12 months and stated that a fine of $300, in line with other penalties imposed was the Stewards' submission.
Mr Brosnan had nothing to say.
Reasons for Penalty:
The Committee takes into account that Mr Brosnan has admitted the breach and that he does not have any prior breaches within the last 12 months. The JCA Penalty Guide has a starting point of a fine of $500 or a 2 day suspension. While Mr Brosnan has struck the horse in excess of the guidelines-which state that the whip shall not be used more than 10 times in the last 400m-the Committee accepts that most of these strikes had little force and were not applied with vigour. Committees have recently been consistent in applying a fine of $300 in these circumstances.
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: 4b62ccef58aaaca34c4374cbfa156df4
informantnumber: A9114
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive whip
plea: admitted
penaltyrequired: 1
decisiondate: 26/05/2017
hearing_title: Auckland TC 26 May 2017 - R 6 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 6, the GARRARDS HORSE & HOUND HANDICAP TROT 2700m, Mr Muirhead presented an Information alleging that Mr Brosnan used his whip excessively inside the final 400m when driving TORBJORN.
Mr Brosnan was present at the hearing and acknowledged that he understood the Rule and that he admitted the breach.
Rule 869(2)(a) provides that 'No horseman shall during any race use his whip in an unnecessary, excessive or improper manner'.
Using the available films, Mr Muirhead identified TORBJORN as the horse passed the 400m mark. From that point until the finish Mr Muirhead pointed out that Mr Brosnan had struck the horse 13 times. The horse eventually finished in 4th place.
Mr Brosnan acknowledged that he had used his whip excessively, however he had nothing else to say.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Brosnan has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Penalty Guide which provides a fine of $500 or a 2 day suspension as a starting point for a breach of this Rule. He said that Mr Brosnan did not have any previous breaches within the past 12 months and stated that a fine of $300, in line with other penalties imposed was the Stewards' submission.
Mr Brosnan had nothing to say.
reasonsforpenalty:
The Committee takes into account that Mr Brosnan has admitted the breach and that he does not have any prior breaches within the last 12 months. The JCA Penalty Guide has a starting point of a fine of $500 or a 2 day suspension. While Mr Brosnan has struck the horse in excess of the guidelines-which state that the whip shall not be used more than 10 times in the last 400m-the Committee accepts that most of these strikes had little force and were not applied with vigour. Committees have recently been consistent in applying a fine of $300 in these circumstances.
penalty:
Accordingly we impose a fine of $300 on Mr Brosnan.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr R Brosnan-Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ed65b099ca59e046aac2e7cf39364415
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 033bfca668fe27cbb76ab2b8964b2834
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/05/2017
meet_title: Auckland TC - 26 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC