Auckland TC 3 August 2012 – R 10
ID: JCA13129
Meet Title:
Auckland TC - 3 August 2012
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2012/08/03
Race Number:
R10
Decision:
The charge having been admitted is proved.
Penalty:
This Committee orders that Mr Nicholas be fined the sum of $350.00.
Charge:
Breach of Rule 869(2)(b) striking another Horseman with the whip.
Facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against Licensed Horseman Mr MD Nicholas alleging that Mr Nicholas when driving RUNNING BALL struck horseman Mr AG Herlihy (driving THE REID RUNNER ) with his whip.
Mr Nicholas was present and advised this Committee that he admitted the breach.
Rule 869(2)(b) provides : No horseman shall during any race use his whip in such a way that it baulks, inconveniences, impedes or strikes another horse or its horseman. The rule was read to Mr Nicholas.
Mr Muirhead demonstrated the incident by use of the video films. These showed Mr Nicholas on the outside of Mr Herlihy at the 600 metre mark and showed him using his whip in a backhanded manner and striking Mr Herlihy. This was just after an incident when Mr Herlihy had caused interference to Mr Nicholas's horse. It was one strike with the whip.
Submissions for Penalty:
Mr Muirhead referred to the JCA Guidelines and said that the starting point penalty where the strike was intentional but there were no consequences was a fine of $500.00 or suspension of Licence for 10 drives.
He acknowledged that Mr Nicholas had owned up to the striking with the whip and as a result he faced a charge under the above rule. He acknowledged that it was essentially a reflex action. He also said that Mr Nicholas had a good record.
Mr Nicholas said that it was a reflex action on his part and that he was only just able to reach Mr Herlihy. He said that although it was intentional it wasn't malicious and that he did so because he was annoyed that Mr Herlihy had interfered with his horse.
He said he loved driving so would prefer that the penalty was a fine.
Reasons for Penalty:
The video films show the incident. It is a very quick action and clearly is a reflex action by Mr Nicholas.
This charge has come before the Committee because Mr Nicholas has voluntarily owned up to it. He is given credit for that.
This Committee does not condone a horseman striking another with the whip but in this instance although Mr Nicholas has met the criteria for the charge it is in our view at the lower end of the scale of seriousness.
Mr Nicholas has admitted the breach and has a good record and for all of these reasons we believe that a fine less than that submitted by Mr Muirhead is appropriate.
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: 46b57e0ff070a39f7de6c313d3fbab8e
informantnumber: A2474
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 26/07/2012
hearing_title: Auckland TC 3 August 2012 - R 10
charge:
Breach of Rule 869(2)(b) striking another Horseman with the whip.
facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against Licensed Horseman Mr MD Nicholas alleging that Mr Nicholas when driving RUNNING BALL struck horseman Mr AG Herlihy (driving THE REID RUNNER ) with his whip.
Mr Nicholas was present and advised this Committee that he admitted the breach.
Rule 869(2)(b) provides : No horseman shall during any race use his whip in such a way that it baulks, inconveniences, impedes or strikes another horse or its horseman. The rule was read to Mr Nicholas.
Mr Muirhead demonstrated the incident by use of the video films. These showed Mr Nicholas on the outside of Mr Herlihy at the 600 metre mark and showed him using his whip in a backhanded manner and striking Mr Herlihy. This was just after an incident when Mr Herlihy had caused interference to Mr Nicholas's horse. It was one strike with the whip.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge having been admitted is proved.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Guidelines and said that the starting point penalty where the strike was intentional but there were no consequences was a fine of $500.00 or suspension of Licence for 10 drives.
He acknowledged that Mr Nicholas had owned up to the striking with the whip and as a result he faced a charge under the above rule. He acknowledged that it was essentially a reflex action. He also said that Mr Nicholas had a good record.
Mr Nicholas said that it was a reflex action on his part and that he was only just able to reach Mr Herlihy. He said that although it was intentional it wasn't malicious and that he did so because he was annoyed that Mr Herlihy had interfered with his horse.
He said he loved driving so would prefer that the penalty was a fine.
reasonsforpenalty:
The video films show the incident. It is a very quick action and clearly is a reflex action by Mr Nicholas.
This charge has come before the Committee because Mr Nicholas has voluntarily owned up to it. He is given credit for that.
This Committee does not condone a horseman striking another with the whip but in this instance although Mr Nicholas has met the criteria for the charge it is in our view at the lower end of the scale of seriousness.
Mr Nicholas has admitted the breach and has a good record and for all of these reasons we believe that a fine less than that submitted by Mr Muirhead is appropriate.
penalty:
This Committee orders that Mr Nicholas be fined the sum of $350.00.
hearing_type: Hearing
Rules: Rule 869(2)(b)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr M D Nicholas - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 34bcf070c8e2932f199f4098f2580c56
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b344f3e2f2c0685feaec0b75a576335c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/08/2012
meet_title: Auckland TC - 3 August 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Auckland TC