Archive Decision

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Auckland TC – 8 August 2008 – Race 8

ID: JCA19195

Hearing Type:
Old Hearing

Rules:
869.2.a

Hearing Type (Code):
harness-racing

Meet Title:
Auckland TC - 8 August 2008

Race Date:
2008/08/08

Race Number:
Race 8

Decision:

An information filed by Stipendiary Steward Mr J Muirhead against Mr J Abernethy, driver of PLAYING THE FIELD, alleging a breach of Rule 869 (2) (a) in that he used his whip excessively on his horse over the concluding stages of the race.



An information filed by Stipendiary Steward Mr J Muirhead against Mr J Abernethy, driver of PLAYING THE FIELD, alleging a breach of Rule 869 (2) (a) in that he used his whip excessively on his horse over the concluding stages of the race.

--

Mr Abernethy admitted the breach and was present at the hearing.

--

Mr Muirhead demonstrated the incident by use of the video film.  From the turn into the home straight until the finishing post Mr Abernethy hit his horse 27 times without any pause in his action.  Mr Muirhead said the offending was at the higher end of the scale.  Mr Abernethy had no whip breaches recorded against him in the last 12 months.  He recommended a fine of $500.00.

--

Mr Abernethy said the horse was having its last run in New Zealand and the trainer had told him to keep the horse ‘tapped up’ or else it would stop.  Mr Abernethy said he was averaging two drives a week and he preferred a fine to a suspension.  In fixing penalty I take into account the following matters :

--

1.            The guilty plea.

--

2.            The submissions of Mr Muirhead.

--

3.            The submissions of Mr Abernethy.

--

4.            The offending was at the upper end of the scale of seriousness.

--

5.            Mr Abernethy’s clear driving record as far as whip offences are concerned.

--

6.            The recommended starting point for penalty is a fine of $250.00 or a one week suspension.

--

Balancing those matters I impose a fine of $400.00 and warn Mr Abernethy that another breach of the whip rules in the near future would result in a suspension.

--

 

--

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: 2e4787022faa0a71a666a74c3389f934


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 08/08/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Auckland TC - 8 August 2008 - Race 8


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

An information filed by Stipendiary Steward Mr J Muirhead against Mr J Abernethy, driver of PLAYING THE FIELD, alleging a breach of Rule 869 (2) (a) in that he used his whip excessively on his horse over the concluding stages of the race.



An information filed by Stipendiary Steward Mr J Muirhead against Mr J Abernethy, driver of PLAYING THE FIELD, alleging a breach of Rule 869 (2) (a) in that he used his whip excessively on his horse over the concluding stages of the race.

--

Mr Abernethy admitted the breach and was present at the hearing.

--

Mr Muirhead demonstrated the incident by use of the video film.  From the turn into the home straight until the finishing post Mr Abernethy hit his horse 27 times without any pause in his action.  Mr Muirhead said the offending was at the higher end of the scale.  Mr Abernethy had no whip breaches recorded against him in the last 12 months.  He recommended a fine of $500.00.

--

Mr Abernethy said the horse was having its last run in New Zealand and the trainer had told him to keep the horse ‘tapped up’ or else it would stop.  Mr Abernethy said he was averaging two drives a week and he preferred a fine to a suspension.  In fixing penalty I take into account the following matters :

--

1.            The guilty plea.

--

2.            The submissions of Mr Muirhead.

--

3.            The submissions of Mr Abernethy.

--

4.            The offending was at the upper end of the scale of seriousness.

--

5.            Mr Abernethy’s clear driving record as far as whip offences are concerned.

--

6.            The recommended starting point for penalty is a fine of $250.00 or a one week suspension.

--

Balancing those matters I impose a fine of $400.00 and warn Mr Abernethy that another breach of the whip rules in the near future would result in a suspension.

--

 

--

B Rowe

Chairman

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.2.a


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1b39d9937f7b557d8d2ab11e02230515


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 8


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meetid: 060f571f128fcf2dbc8393abb9096392


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meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/08/2008


meet_title: Auckland TC - 8 August 2008


meet_expappcomment:


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tracklocation: auckland-tc


meet_racingtype: harness-racing


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name: Auckland TC