Archive Decision

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Auckland TC 9 June 2017 – R 2 – Chair, Mr B Scott

ID: JCA13050

Applicant:
Mr JM Muirhead - Stipendiary Steward

Respondent(s):
Mr A Drake - Junior Driver

Other Person:
Mr A Poutama - Senior Horseman assisting Mr Drake

Information Number:
A9117

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Auckland TC - 9 June 2017

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Race Date:
2017/06/09

Race Number:
R 2

Decision:

The breach is admitted and accordingly the charge is upheld.

Penalty:

The Committee impose a fine of $300 on Mr Drake.

Facts:

Following the running of the AB EQUIPMENT MOBILE PACE, an information was lodged by Stipendiary Steward, Mr JM Muirhead against Junior Driver, Mr A Drake alleging that Mr Drake used his whip excessively driving FRANCO HAMILTON over the final 400 metres.

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

The HRNZ Use of Whip Guidelines effective from 1st December 2016 provide that “The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these guidelines.”

Mr Muirhead demonstrated the incident by use of the race films and showed where FRANCO HAMILTON was in the 1/1 position approaching the 400 metres mark and from there Mr Drake used the whip 16 times. Mr Muirhead said that Mr Drake acknowledged the 16 strikes with the whip.

Mr Drake accepted Mr Muirhead’s evidence and said that he can’t say anything else. He has admitted hitting the horse 16 times.

Submissions for Penalty:

Mr Muirhead said that Mr Drake is driving very well but let himself down in this instance. He said that although the starting point penalty for this offence is a $500 fine that fines for similar offences were $300.

Reasons for Penalty:

The committee listened to both parties. The race films are very clear.
The Committee believes that Mr Drake can be given credit for his status as a Junior Driver and also his very good record.
This Committee believes that a fine of $300 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: 3ae3187910b30f6f91d01777418815ef


informantnumber: A9117


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 13/06/2017


hearing_title: Auckland TC 9 June 2017 - R 2 - Chair, Mr B Scott


charge:


facts:

Following the running of the AB EQUIPMENT MOBILE PACE, an information was lodged by Stipendiary Steward, Mr JM Muirhead against Junior Driver, Mr A Drake alleging that Mr Drake used his whip excessively driving FRANCO HAMILTON over the final 400 metres.

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

The HRNZ Use of Whip Guidelines effective from 1st December 2016 provide that “The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these guidelines.”

Mr Muirhead demonstrated the incident by use of the race films and showed where FRANCO HAMILTON was in the 1/1 position approaching the 400 metres mark and from there Mr Drake used the whip 16 times. Mr Muirhead said that Mr Drake acknowledged the 16 strikes with the whip.

Mr Drake accepted Mr Muirhead’s evidence and said that he can’t say anything else. He has admitted hitting the horse 16 times.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and accordingly the charge is upheld.


sumissionsforpenalty:

Mr Muirhead said that Mr Drake is driving very well but let himself down in this instance. He said that although the starting point penalty for this offence is a $500 fine that fines for similar offences were $300.


reasonsforpenalty:

The committee listened to both parties. The race films are very clear.
The Committee believes that Mr Drake can be given credit for his status as a Junior Driver and also his very good record.
This Committee believes that a fine of $300 appropriate.


penalty:

The Committee impose a fine of $300 on Mr Drake.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr JM Muirhead - Stipendiary Steward


JockeysandTrainer: Mr A Drake - Junior Driver


Otherperson: Mr A Poutama - Senior Horseman assisting Mr Drake


PersonPresent:


Respondent:


StipendSteward:


raceid: 66acf5d028dda584159defb49b43fc40


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c3a6e1a6136490eca5e95012bfb82270


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/06/2017


meet_title: Auckland TC - 9 June 2017


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