Auckland TC 5 August 2011 – R 1
ID: JCA11020
Meet Title:
Auckland TC - 5 August 2011
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2011/08/05
Race Number:
R 1
Decision:
The Committee accordingly finds the charge proved.
Penalty:
The Committee orders that Mr Brosnan’s Horseman’s/Driver’s Licence be suspended from the conclusion of racing tonight up to and including the conclusion of racing on the 18th August 2011. This means that Mr Brosnan’s driving licence is suspended for two driving days.
Charge:
Excessive whip.
Facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against Driver Mr RJ Brosnan alleging that Mr Brosnan used his whip excessively when driving ROCKET VENUS over the concluding stages of Race 1.
Mr Brosnan was present at the Hearing and he advised this Committee that he did not admit the breach.
Rule 869(2)(a) states:
“No Horseman shall during any race use his whip in an unnecessary, excessive or improper manner.”
Mr Muirhead referred to the Whip Guidelines issued by the then Chief Stipendiary Steward on the 1st of June 2009. The Guidelines provide:
“Excessive use of the whip simply means “too much” and relates to the number of times and/or the force with which the whip is used”.
The Guidelines further provide:
“Subject to the provisions of Rule 869(2) no Horseman shall use the whip continuously at any time during a race and there must be distinct pauses between the whip being used or the use of the whip shall be interrupted by acceptable alternative actions”.
Mr Brosnan acknowledged that he was familiar with the Guidelines.
Submissions for Decision:
Mr Muirhead demonstrated the incident by use of the video films and he showed ROCKET VENUS finishing on in the straight and Mr Brosnan using the whip approximately 25 times. He also said that the use of the whip was continuous and the number of times that it was used was outside the tolerance that the Stipendiary Stewards usually work to.
Mr Brosnan by way of cross examination asked Mr Muirhead if there were two breaks in the use of the whip down the straight. Mr Muirhead believed that there were not two breaks but rather Mr Brosnan changed side and it was maybe a different rhythm.
Mr Brosnan in giving evidence also used the films and he stated that there were two breaks in his whip action and it was not continuous. He said that the film showed two breaks and he endeavoured to show where they were.
Mr Brosnan was asked by this Committee if he acknowledged that he had used the whip 25 times as stated by Mr Muirhead and his answer was “he can probably count better than I can.”
Mr Brosnan concentrated on the alleged continuous aspect of his whip action and asserted that he had made two breaks or pauses in that action.
Mr Muirhead by way of cross examination asked Mr Brosnan if what he was suggesting were breaks in the whip action not merely occasions where he changed side with the whip. Mr Brosnan did not agree with that.
In answer to a further question from the Committee Mr Brosnan acknowledged that he was striking the horse most of the time.
Reasons for Decision:
The Committee watched the films a number of times and have listened to the evidence presented to it.
In the Committee’s view the films are very clear and the evidence is very clear and in the Committee’s view Mr Brosnan did use the whip 25 times and it was continuous use. The breaks or pauses referred to by Mr Brosnan were, in the Committee’s view, merely his action of changing sides with the whip.
The Committee pointed out to Mr Brosnan that there are two parts to the Guidelines and one relates to the number of times the whip is used and the force with which it is used and the other is the continuous use. Mr Brosnan seems to be of the understanding that he only has to prove that he did not use the whip continuously and that is not the case.
Submissions for Penalty:
Mr Muirhead referred to the new JCA Guidelines which provide for a starting point penalty of a fine of $300.00 and/or suspension for 6 drives. He said that the charge was in the medium to upper medium scale of seriousness but he did say that Mr Brosnan has a very good record.
Mr Brosnan for his part said that he could not afford a fine.
Reasons for Penalty:
In deciding on penalty the Committee finds that it had no option other than to find the charge proven. Mr Brosnan breached the Guidelines and the Rule by both the number of times that he used the whip and the continuous use of it.
Mr Brosnan has defended the charge when clearly he was in breach of the Rule.
Mr Brosnan does have a very good record as was pointed out by Mr Muirhead and he is to be given credit for this.
The Committee in this instance is going to deal with this matter by way of suspension of Mr Brosnan’s Horseman’s/Driver’s Licence.
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: 0addf41e6f35cbc8c3b4972b9d696c5c
informantnumber: 66814
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 05/08/2011
hearing_title: Auckland TC 5 August 2011 - R 1
charge:
Excessive whip.
facts:
An Information was lodged by Stipendiary Steward Mr JM Muirhead against Driver Mr RJ Brosnan alleging that Mr Brosnan used his whip excessively when driving ROCKET VENUS over the concluding stages of Race 1.
Mr Brosnan was present at the Hearing and he advised this Committee that he did not admit the breach.
Rule 869(2)(a) states:
“No Horseman shall during any race use his whip in an unnecessary, excessive or improper manner.”
Mr Muirhead referred to the Whip Guidelines issued by the then Chief Stipendiary Steward on the 1st of June 2009. The Guidelines provide:
“Excessive use of the whip simply means “too much” and relates to the number of times and/or the force with which the whip is used”.
The Guidelines further provide:
“Subject to the provisions of Rule 869(2) no Horseman shall use the whip continuously at any time during a race and there must be distinct pauses between the whip being used or the use of the whip shall be interrupted by acceptable alternative actions”.
Mr Brosnan acknowledged that he was familiar with the Guidelines.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead demonstrated the incident by use of the video films and he showed ROCKET VENUS finishing on in the straight and Mr Brosnan using the whip approximately 25 times. He also said that the use of the whip was continuous and the number of times that it was used was outside the tolerance that the Stipendiary Stewards usually work to.
Mr Brosnan by way of cross examination asked Mr Muirhead if there were two breaks in the use of the whip down the straight. Mr Muirhead believed that there were not two breaks but rather Mr Brosnan changed side and it was maybe a different rhythm.
Mr Brosnan in giving evidence also used the films and he stated that there were two breaks in his whip action and it was not continuous. He said that the film showed two breaks and he endeavoured to show where they were.
Mr Brosnan was asked by this Committee if he acknowledged that he had used the whip 25 times as stated by Mr Muirhead and his answer was “he can probably count better than I can.”
Mr Brosnan concentrated on the alleged continuous aspect of his whip action and asserted that he had made two breaks or pauses in that action.
Mr Muirhead by way of cross examination asked Mr Brosnan if what he was suggesting were breaks in the whip action not merely occasions where he changed side with the whip. Mr Brosnan did not agree with that.
In answer to a further question from the Committee Mr Brosnan acknowledged that he was striking the horse most of the time.
reasonsfordecision:
The Committee watched the films a number of times and have listened to the evidence presented to it.
In the Committee’s view the films are very clear and the evidence is very clear and in the Committee’s view Mr Brosnan did use the whip 25 times and it was continuous use. The breaks or pauses referred to by Mr Brosnan were, in the Committee’s view, merely his action of changing sides with the whip.
The Committee pointed out to Mr Brosnan that there are two parts to the Guidelines and one relates to the number of times the whip is used and the force with which it is used and the other is the continuous use. Mr Brosnan seems to be of the understanding that he only has to prove that he did not use the whip continuously and that is not the case.
Decision:
The Committee accordingly finds the charge proved.
sumissionsforpenalty:
Mr Muirhead referred to the new JCA Guidelines which provide for a starting point penalty of a fine of $300.00 and/or suspension for 6 drives. He said that the charge was in the medium to upper medium scale of seriousness but he did say that Mr Brosnan has a very good record.
Mr Brosnan for his part said that he could not afford a fine.
reasonsforpenalty:
In deciding on penalty the Committee finds that it had no option other than to find the charge proven. Mr Brosnan breached the Guidelines and the Rule by both the number of times that he used the whip and the continuous use of it.
Mr Brosnan has defended the charge when clearly he was in breach of the Rule.
Mr Brosnan does have a very good record as was pointed out by Mr Muirhead and he is to be given credit for this.
The Committee in this instance is going to deal with this matter by way of suspension of Mr Brosnan’s Horseman’s/Driver’s Licence.
penalty:
The Committee orders that Mr Brosnan’s Horseman’s/Driver’s Licence be suspended from the conclusion of racing tonight up to and including the conclusion of racing on the 18th August 2011. This means that Mr Brosnan’s driving licence is suspended for two driving days.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr JM Muirhead - Stipendiary Steward
JockeysandTrainer: Mr RJ Brosnan - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2882df3a05cb15c48f2f3585dcc1fe87
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: 814e205182f004b2530511101eaf8eb9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/08/2011
meet_title: Auckland TC - 5 August 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC