Auckland TC – 28 September 2007 – Race 8
ID: JCA18898
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 28 September 2007
Race Date:
2007/09/28
Race Number:
Race 8
Decision:
An Information lodged by Stipendiary Steward Mr J M Muirhead against Ms N Chilcott driver of CAMERON JAKE, alleging a breach of Rule 869 (2) (9a) in that she used her whip excessively
An Information lodged by Stipendiary Steward Mr J M Muirhead against Ms N Chilcott driver of CAMERON JAKE, alleging a breach of Rule 869 (2) (9a) in that she used her whip excessively when driving out her horse over the concluding stages of the race. Ms Chilcott denied the charge and was present at the hearing.
--Mr Muirhead showed the film of the last 400 metres of the race. He said Ms Chilcott hit her horse 21 times with the whip, most of them "fairly heavy". In his opinion, that use of the whip was excessive. Ms Chilcott said she had driven the horse in most of its starts. She showed the film of the complete race to demonstrate that she had used the whip for virtually all of the race. She said CAMERON JAKE was all right when racing in front, but if not had to be hit with the whip to make him keep up and do his best. She said - "I hit hit hit the whole time, I'm exhausted" - "I was slapping him, hitting him" - I lost count of the number of times I hit him" - "I'm not arguing it's not ideal" - "He's a sick horse, he loves it" - "I had to bash him at the 700 metres".
--DECISION & REASONS
The use of the whip 21 times in the last 400 metres, most of the hits being forceful, is in itself "excessive". Taking into account the number of times the horse had already been hit, the use of the whip in the last 400 metres was definitely excessive. It is the responsibility of a driver to drive within the rules and guidelines. The charge is proven.
--PENALTY
Mr Muirhead said Ms Chilcott had no relevant breaches of the rules recorded against her. He recommended the "standard" fine of $250.00. Ms Chilcott said she thought that a little bit excessive, there were mitigating circumstances, she was not a whip happy person. In fixing penalty I take account of the following :
--- --
- The submissions of Mr Muirhead and Ms Chilcott --
- The driving record of Ms Chilcott (clear) --
- The offending was in the upper half of the scale of seriousness --
- The recommended starting point for this offence is $250.00
Balancing those matters I impose a fine of $250.00.
--B Rowe
--Chairman
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: 1d240acc5ab3c6e778a446c99355ed9e
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 28/09/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 28 September 2007 - Race 8
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An Information lodged by Stipendiary Steward Mr J M Muirhead against Ms N Chilcott driver of CAMERON JAKE, alleging a breach of Rule 869 (2) (9a) in that she used her whip excessively
An Information lodged by Stipendiary Steward Mr J M Muirhead against Ms N Chilcott driver of CAMERON JAKE, alleging a breach of Rule 869 (2) (9a) in that she used her whip excessively when driving out her horse over the concluding stages of the race. Ms Chilcott denied the charge and was present at the hearing.
--Mr Muirhead showed the film of the last 400 metres of the race. He said Ms Chilcott hit her horse 21 times with the whip, most of them "fairly heavy". In his opinion, that use of the whip was excessive. Ms Chilcott said she had driven the horse in most of its starts. She showed the film of the complete race to demonstrate that she had used the whip for virtually all of the race. She said CAMERON JAKE was all right when racing in front, but if not had to be hit with the whip to make him keep up and do his best. She said - "I hit hit hit the whole time, I'm exhausted" - "I was slapping him, hitting him" - I lost count of the number of times I hit him" - "I'm not arguing it's not ideal" - "He's a sick horse, he loves it" - "I had to bash him at the 700 metres".
--DECISION & REASONS
The use of the whip 21 times in the last 400 metres, most of the hits being forceful, is in itself "excessive". Taking into account the number of times the horse had already been hit, the use of the whip in the last 400 metres was definitely excessive. It is the responsibility of a driver to drive within the rules and guidelines. The charge is proven.
--PENALTY
Mr Muirhead said Ms Chilcott had no relevant breaches of the rules recorded against her. He recommended the "standard" fine of $250.00. Ms Chilcott said she thought that a little bit excessive, there were mitigating circumstances, she was not a whip happy person. In fixing penalty I take account of the following :
--- --
- The submissions of Mr Muirhead and Ms Chilcott --
- The driving record of Ms Chilcott (clear) --
- The offending was in the upper half of the scale of seriousness --
- The recommended starting point for this offence is $250.00
Balancing those matters I impose a fine of $250.00.
--B Rowe
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.9A
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c3ebcb94132b62f3a27cb0715565b865
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c5af0ab213dd3f29232d0d3349efb558
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/09/2007
meet_title: Auckland TC - 28 September 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Auckland TC