Archive Decision

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Banks Peninsula TC – 29 November 2009 – Race 1

ID: JCA18812

Hearing Type:
Old Hearing

Rules:
869.2.a

Hearing Type (Code):
harness-racing

Meet Title:
Banks Peninsula TC - 29 November 2009

Race Date:
2009/11/29

Race Number:
Race 1

Decision:

Following the running of Race 1, Charteris Bay Trot, Information No. 68191 was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr G W Hunt, alleging a breach of Rule 869 (2) (a) in that Mr Hunt, as the driver of WISHING DEL, “used his whip excessively in the run home”.

--

 



Following the running of Race 1, Charteris Bay Trot, Information No. 68191 was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr G W Hunt, alleging a breach of Rule 869 (2) (a) in that Mr Hunt, as the driver of WISHING DEL, “used his whip excessively in the run home”.

--

Mr Hunt had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information. The breach was found proved accordingly.

--

Rule 869 provides as follows:
(2)   No horseman shall during any race:-
      (a)  use his whip in an unnecessary, excessive or improper manner.

--

Mrs K R Williams, Stipendiary Steward, showed a video replay of the final 400 metres of the Race. She alleged that Mr Hunt used his whip approximately 22 times, mostly in the final 200 metres.

--

Mr McIntyre informed the Committee that Mr Hunt had a “poor record”. More specifically, he had breached the whip Rule in the past 12 months on three previous occasions:
• 15 February 2009 – fined $200
• 5 April 2009 – fined $300
• 28 June 2009 - fined $400

--

Having regard to Mr Hunt’s record, Mr McIntyre submitted that a term of suspension was required for the present breach. He recommended a suspension of 3 days. Mr Hunt had five horses racing at the present time, Mr McIntyre said.

--

In determining penalty, the Committee took into account Mr Hunt’s admission of the breach. However, it also had regard to Mr Hunt’s record which, the Committee agreed, was not good. A deterrent penalty was called for and fines in the past have, apparently, not proved a deterrent to Mr Hunt.

--

Mr Hunt’s horseman’s licence was suspended from after the close of racing today up to and including Wednesday, 9 December next.

--


R G McKenzie          P J Rosanowski
CHAIR                      Committee Member
68191

--


 

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: 23fa84cbebdc0723c778503690adeb19


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 29/11/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Banks Peninsula TC - 29 November 2009 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 1, Charteris Bay Trot, Information No. 68191 was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr G W Hunt, alleging a breach of Rule 869 (2) (a) in that Mr Hunt, as the driver of WISHING DEL, “used his whip excessively in the run home”.

--

 



Following the running of Race 1, Charteris Bay Trot, Information No. 68191 was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr G W Hunt, alleging a breach of Rule 869 (2) (a) in that Mr Hunt, as the driver of WISHING DEL, “used his whip excessively in the run home”.

--

Mr Hunt had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information. The breach was found proved accordingly.

--

Rule 869 provides as follows:
(2)   No horseman shall during any race:-
      (a)  use his whip in an unnecessary, excessive or improper manner.

--

Mrs K R Williams, Stipendiary Steward, showed a video replay of the final 400 metres of the Race. She alleged that Mr Hunt used his whip approximately 22 times, mostly in the final 200 metres.

--

Mr McIntyre informed the Committee that Mr Hunt had a “poor record”. More specifically, he had breached the whip Rule in the past 12 months on three previous occasions:
• 15 February 2009 – fined $200
• 5 April 2009 – fined $300
• 28 June 2009 - fined $400

--

Having regard to Mr Hunt’s record, Mr McIntyre submitted that a term of suspension was required for the present breach. He recommended a suspension of 3 days. Mr Hunt had five horses racing at the present time, Mr McIntyre said.

--

In determining penalty, the Committee took into account Mr Hunt’s admission of the breach. However, it also had regard to Mr Hunt’s record which, the Committee agreed, was not good. A deterrent penalty was called for and fines in the past have, apparently, not proved a deterrent to Mr Hunt.

--

Mr Hunt’s horseman’s licence was suspended from after the close of racing today up to and including Wednesday, 9 December next.

--


R G McKenzie          P J Rosanowski
CHAIR                      Committee Member
68191

--


 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.2.a


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PersonPresent:


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meetdate: 29/11/2009


meet_title: Banks Peninsula TC - 29 November 2009


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name: Banks Peninsula TC