Auckland TC 27 July 2012 – R 9
ID: JCA10470
Meet Title:
Auckland TC - 27 July 2012
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2012/07/27
Race Number:
R 9
Decision:
The breach is admitted and is therefore proved.
Penalty:
Having taken all matters into account, including the number of drives that Mr Fleming usually has, we suspend Mr Fleming's Horseman’s licence from the conclusion of racing on 27 July 2012 until the conclusion of racing on 21 September 2012 (8 days).
Charge:
The information alleged that “P Fleming used his whip on Broadway in an excessive manner”.
Mr Fleming endorsed the information “I do admit the breach” and I wish to be present at the hearing.
Facts:
Mr Muirhead demonstrated the incident by way of available head and side-on video footage. He told the Judicial Committee (the ‘Committee’) that Mr Fleming, whilst driving the 4th placed horse Broadway, used his whip excessively by striking his drive 21 times between the straight entrance and the winning post. He said that the use of the whip was excessive and continuous, therefore outside the use of whip guidelines.
The use of whip guidelines provide that [R 869 (2) (a)]:
“No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
Mr Fleming told the Committee that he agreed with the number of strikes and acknowledged that his actions were not a good look. He submitted that Broadway was a lazy horse and needed some encouragement. He also said that he was close to finishing in a dividend bearing place, namely 3rd.
Submissions for Penalty:
Mr Muirhead submitted that the JCA guidelines establish a starting point for a breach of this nature. He said that Mr Fleming previously breached this rule in January 2012. He assessed the breach as mid to high range.
Mr Muirhead further submitted that Mr Fleming ought to be given credit for admitting the breach. He also pointed out that Mr Fleming has had 54 drives this season.
Mr Fleming submitted that his circumstances are such that he would prefer a suspension as opposed to a fine. He advised the Committee that he has two horses that are currently racing and he generally has one drive per meeting.
Reasons for Penalty:
The Committee independently reviewed the breach and determined that Mr Fleming used his whip continuously at least 21 or 22 times in the home straight. We took particular note of both the frequency and severity of strikes and assessed the breach as slightly above mid-range.
In assessing penalty we have taken into account the submissions of both the Informant and Defendant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The guidelines establish a starting point of 10 drives or $500 fine for the 2nd breach of this rule by any driver within one year.
The Committee has noted that Mr Fleming has previously breached this particular rule during the past 12 months. This is an aggravating factor. In mitigation we have given Mr Fleming credit for admitting the breach at the first available opportunity.
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: 044ad9ebe1f363ea67778472a76417eb
informantnumber: 2368
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/07/2012
hearing_title: Auckland TC 27 July 2012 - R 9
charge:
The information alleged that “P Fleming used his whip on Broadway in an excessive manner”.
Mr Fleming endorsed the information “I do admit the breach” and I wish to be present at the hearing.
facts:
Mr Muirhead demonstrated the incident by way of available head and side-on video footage. He told the Judicial Committee (the ‘Committee’) that Mr Fleming, whilst driving the 4th placed horse Broadway, used his whip excessively by striking his drive 21 times between the straight entrance and the winning post. He said that the use of the whip was excessive and continuous, therefore outside the use of whip guidelines.
The use of whip guidelines provide that [R 869 (2) (a)]:
“No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
Mr Fleming told the Committee that he agreed with the number of strikes and acknowledged that his actions were not a good look. He submitted that Broadway was a lazy horse and needed some encouragement. He also said that he was close to finishing in a dividend bearing place, namely 3rd.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Muirhead submitted that the JCA guidelines establish a starting point for a breach of this nature. He said that Mr Fleming previously breached this rule in January 2012. He assessed the breach as mid to high range.
Mr Muirhead further submitted that Mr Fleming ought to be given credit for admitting the breach. He also pointed out that Mr Fleming has had 54 drives this season.
Mr Fleming submitted that his circumstances are such that he would prefer a suspension as opposed to a fine. He advised the Committee that he has two horses that are currently racing and he generally has one drive per meeting.
reasonsforpenalty:
The Committee independently reviewed the breach and determined that Mr Fleming used his whip continuously at least 21 or 22 times in the home straight. We took particular note of both the frequency and severity of strikes and assessed the breach as slightly above mid-range.
In assessing penalty we have taken into account the submissions of both the Informant and Defendant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The guidelines establish a starting point of 10 drives or $500 fine for the 2nd breach of this rule by any driver within one year.
The Committee has noted that Mr Fleming has previously breached this particular rule during the past 12 months. This is an aggravating factor. In mitigation we have given Mr Fleming credit for admitting the breach at the first available opportunity.
penalty:
Having taken all matters into account, including the number of drives that Mr Fleming usually has, we suspend Mr Fleming's Horseman’s licence from the conclusion of racing on 27 July 2012 until the conclusion of racing on 21 September 2012 (8 days).
hearing_type: Hearing
Rules: 869 2(a)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr P Fleming - Senior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 77fffd194b8b41d3c2a3cecd9f36cb5a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 826706bd4420a98a4c37b1abbc161e25
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/07/2012
meet_title: Auckland TC - 27 July 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "26", "Total": "16.12", "kmprice": 16.120000000000001, "Approved": "on"}]
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC