Archive Decision

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Auckland TC – 7 May 2010 – R 5

ID: JCA18696

Hearing Type:
Old Hearing

Rules:
(2)(c)869(2)(a) and

Hearing Type (Code):
harness-racing

Meet Title:
Auckland TC - 7 May 2010

Meet Chair:
tom

Meet Committee Member 1:
tom

Meet Committee Member 2:
tom

Race Date:
2010/05/07

Race Number:
R 5

Decision: --

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant:  Mr JM Muirhead

--

Defendant:  Mr C Alford

--

Information No:  68615

--

Meeting:  Auckland Trotting Club

--

Date:  7 May 2010

--

Venue:  Alexandra Park, Auckland

--

Race:              5

--

Rule No:  869(2)(a) and 869(2)(c)

--

Judicial Committee:  BJ Scott Chairman - BJ Rowe, N McCutcheon, Committee Members

--

Plea:  Admitted

--

 

--

FACTS:

--

An Information was lodged by Stipendary Steward Mr JM Muirhead alleging that Driver Mr C Alford used his whip excessively and/or projected his whip outside the sulky and/or drew his whip further back than the sulky seat when driving Bonavista Bay over the concluding stages of the race.

--

 

--

Mr Alford admitted the charge and was present.

--

 

--

Rule 869(2)(a) states:  “No Horseman shall during any race use his whip in an unnecessary, excessive or improper manner.”

--

 

--

Rule 869(2)(c) states:  “No Horseman shall during any race project his whip outside the sulky or draw his whip further back than the sulky seat.”

--

 

--

Mr Muirhead advised this Committee that before last week’s Meeting the Stewards had had a meeting with Mr Alford and had spoken about the use of the whip and had given him a copy of the Whip Guidelines used in New Zealand.

--

 

--

Mr Muirhead then arranged for the film to be shown and this clearly showed Mr Alford’s use of the whip on Bonavista Bay in the Home Straight.   Mr Muirhead said that Mr Alford hit his horse 17 or 18 times and a considerable part of that was continuous use of the whip.   Mr Muirhead said that the film also showed that Mr Alford had used the whip outside the confines of the sulky and had drawn the whip back further than the sulky seat.

--

 

--

In Mr Muirhead’s view the film told the story.

--

 

--

Mr Muirhead however advised this Committee that Mr Alford was a very good Driver and as far as Mr Muirhead was concerned this incident was at the lower end of the scale.

--

 

--

Mr Alford for his part said that he was used to the new Australian Whip Rules which involved using the whip and slapping with the reins at the same time.   He said that this got you into the habit of a continuous movement of hitting without stopping and he had got used to it.   His whip action tonight therefore was a continuous movement as a result.

--

 

--

He did say that his horse kept responding when he used the whip and he also said that he only had a small whip and Bonavista Bay was a big horse so that he hardly touched him and that there was not a mark on his horse.

--

 

--

He has however admitted the breach.

--

 

--

PENALTY SUBMISSIONS:

--

Mr Muirhead said that although this was at the bottom end of the scale it was excessive and he submitted that there should be a fine of $250.00.

--

 

--

Mr Alford for his part again said that he had admitted the breach and he did realise that his whip action looked bad but he also thought that it was at the bottom end of the scale.

--

 

--

PENALTY REASONS:

--

In assessing penalty this Committee has viewed the incident on a number of occasions and in viewing Mr Alford’s whip action the Committee takes the view that there was very little use of the whip outside the sulky and further back from the sulky seat and the Committee views it more as a breach of Rule 869(2)(a).   The Committee finds that the use of the whip by Mr Alford is excessive but does give him credit for admitting the breach and for the open and honest way in which he has presented himself at this Hearing.

--

 

--

The Committee has also checked the JCA Guidelines and also the existing Penalty Schedule that is available to us.   The Committee is mindful of being consistent with other penalties for this charge.

--

 

--

This is a major race on a premier day and according to the provisions of Rule 1114 can be taken into account.

--

 

--

PENALTY:

--

For the above reasons the Committee imposes a fine of $250.00 on Mr Alford.

--

 

--

 

--

BJ Scott                       BJ Rowe, N McCutcheon

--

CHAIR                         Committee Members

--

68615

--

 

--

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: 17a50d86f4797bd3a8d69c5b5bf3c384


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 07/05/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Auckland TC - 7 May 2010 - R 5


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant:  Mr JM Muirhead

--

Defendant:  Mr C Alford

--

Information No:  68615

--

Meeting:  Auckland Trotting Club

--

Date:  7 May 2010

--

Venue:  Alexandra Park, Auckland

--

Race:              5

--

Rule No:  869(2)(a) and 869(2)(c)

--

Judicial Committee:  BJ Scott Chairman - BJ Rowe, N McCutcheon, Committee Members

--

Plea:  Admitted

--

 

--

FACTS:

--

An Information was lodged by Stipendary Steward Mr JM Muirhead alleging that Driver Mr C Alford used his whip excessively and/or projected his whip outside the sulky and/or drew his whip further back than the sulky seat when driving Bonavista Bay over the concluding stages of the race.

--

 

--

Mr Alford admitted the charge and was present.

--

 

--

Rule 869(2)(a) states:  “No Horseman shall during any race use his whip in an unnecessary, excessive or improper manner.”

--

 

--

Rule 869(2)(c) states:  “No Horseman shall during any race project his whip outside the sulky or draw his whip further back than the sulky seat.”

--

 

--

Mr Muirhead advised this Committee that before last week’s Meeting the Stewards had had a meeting with Mr Alford and had spoken about the use of the whip and had given him a copy of the Whip Guidelines used in New Zealand.

--

 

--

Mr Muirhead then arranged for the film to be shown and this clearly showed Mr Alford’s use of the whip on Bonavista Bay in the Home Straight.   Mr Muirhead said that Mr Alford hit his horse 17 or 18 times and a considerable part of that was continuous use of the whip.   Mr Muirhead said that the film also showed that Mr Alford had used the whip outside the confines of the sulky and had drawn the whip back further than the sulky seat.

--

 

--

In Mr Muirhead’s view the film told the story.

--

 

--

Mr Muirhead however advised this Committee that Mr Alford was a very good Driver and as far as Mr Muirhead was concerned this incident was at the lower end of the scale.

--

 

--

Mr Alford for his part said that he was used to the new Australian Whip Rules which involved using the whip and slapping with the reins at the same time.   He said that this got you into the habit of a continuous movement of hitting without stopping and he had got used to it.   His whip action tonight therefore was a continuous movement as a result.

--

 

--

He did say that his horse kept responding when he used the whip and he also said that he only had a small whip and Bonavista Bay was a big horse so that he hardly touched him and that there was not a mark on his horse.

--

 

--

He has however admitted the breach.

--

 

--

PENALTY SUBMISSIONS:

--

Mr Muirhead said that although this was at the bottom end of the scale it was excessive and he submitted that there should be a fine of $250.00.

--

 

--

Mr Alford for his part again said that he had admitted the breach and he did realise that his whip action looked bad but he also thought that it was at the bottom end of the scale.

--

 

--

PENALTY REASONS:

--

In assessing penalty this Committee has viewed the incident on a number of occasions and in viewing Mr Alford’s whip action the Committee takes the view that there was very little use of the whip outside the sulky and further back from the sulky seat and the Committee views it more as a breach of Rule 869(2)(a).   The Committee finds that the use of the whip by Mr Alford is excessive but does give him credit for admitting the breach and for the open and honest way in which he has presented himself at this Hearing.

--

 

--

The Committee has also checked the JCA Guidelines and also the existing Penalty Schedule that is available to us.   The Committee is mindful of being consistent with other penalties for this charge.

--

 

--

This is a major race on a premier day and according to the provisions of Rule 1114 can be taken into account.

--

 

--

PENALTY:

--

For the above reasons the Committee imposes a fine of $250.00 on Mr Alford.

--

 

--

 

--

BJ Scott                       BJ Rowe, N McCutcheon

--

CHAIR                         Committee Members

--

68615

--

 

--

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: (2)(c)869(2)(a) and


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 873ffea8a3db7d1e7ecb92620ccb9f0f


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race_title: R 5


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meetdate: 07/05/2010


meet_title: Auckland TC - 7 May 2010


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meet_racingtype: harness-racing


meet_chair: tom


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name: Auckland TC