Auckland TC – 27 February 2009 – Race 4
ID: JCA21976
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 27 February 2009
Race Date:
2009/02/27
Race Number:
Race 4
Decision: -- An information filed by Stipendiary Steward Mr J Muirhead against Mr J Abernethy, driver of FIVE STAR ANVIL, alleging a breach of rule 869(2)(a) in that he used his whip excessively on his horse during the run home. An information filed by Stipendiary Steward Mr J Muirhead against Mr J Abernethy, driver of FIVE STAR ANVIL, alleging a breach of rule 869(2)(a) in that he used his whip excessively on his horse during the run home. Mr Abernethy admitted the breach and was present at the hearing. Mr Muirhead demonstrated the incident by use of the video film. He said Mr Abernethy used his whip sixteen times during the run home without any pauses and that the whip was used with reasonable force. Mr Abernethy did not dispute Mr Muirhead's account. PENALTY: Mr Muirhead said that Mr Abernethy had breached this rule on two occasions, namely on 11.08.08 when he was fined the sum of $400 and on 04.11.08 when he was fined $250. He recommended a fine of $500 and a two day suspension. Mr Abernethy had no comment to make about the circumstances as outlined by Mr Muirhead. He said he would prefer a one day suspension and a fine because he had drives at the premier meeting at Alexandra Park on 6th March 2009. DECISION: In fixing penalty the Committee takes into account the following matters: Balancing all of those matters, Mr Abernethy's horseman's licence is suspended for one day commencing at the end of racing 1st March 2009 and concluding at the end of racing on 3rd March 2009. In addition he is fined the sum of $500 and further he is given a final warning that any further breach of this rule in the near future will result in a substantial suspension. B Rowe Chairman
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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: ab325023e1684b2130d39f47f25ed323
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 27/02/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 27 February 2009 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--An information filed by Stipendiary Steward Mr J Muirhead against Mr J Abernethy, driver of FIVE STAR ANVIL, alleging a breach of rule 869(2)(a) in that he used his whip excessively on his horse during the run home.
--
An information filed by Stipendiary Steward Mr J Muirhead against Mr J Abernethy, driver of FIVE STAR ANVIL, alleging a breach of rule 869(2)(a) in that he used his whip excessively on his horse during the run home.
--Mr Abernethy admitted the breach and was present at the hearing.
--Mr Muirhead demonstrated the incident by use of the video film. He said Mr Abernethy used his whip sixteen times during the run home without any pauses and that the whip was used with reasonable force.
--Mr Abernethy did not dispute Mr Muirhead's account.
--PENALTY:
--Mr Muirhead said that Mr Abernethy had breached this rule on two occasions, namely on 11.08.08 when he was fined the sum of $400 and on 04.11.08 when he was fined $250. He recommended a fine of $500 and a two day suspension.
--Mr Abernethy had no comment to make about the circumstances as outlined by Mr Muirhead. He said he would prefer a one day suspension and a fine because he had drives at the premier meeting at Alexandra Park on 6th March 2009.
--DECISION:
--In fixing penalty the Committee takes into account the following matters:
--- --
- The guilty plea. --
- The submissions of Mr Muirhead. --
- The submissions of Mr Abernethy. --
- The offending was above mid-range on the scale of seriousness. --
- Mr Abernethy's previous breaches of this rule. --
- The stake payable for the race - this is a premier meeting. --
- The recommended starting point is a fine of $250 or one week's suspension
Balancing all of those matters, Mr Abernethy's horseman's licence is suspended for one day commencing at the end of racing 1st March 2009 and concluding at the end of racing on 3rd March 2009. In addition he is fined the sum of $500 and further he is given a final warning that any further breach of this rule in the near future will result in a substantial suspension.
--B Rowe
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: baf02fa9224acab9c30f42a519dae1ae
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9311aaaf21d0b79b77e4cf3685cf0b40
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/02/2009
meet_title: Auckland TC - 27 February 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Auckland TC