Cambridge-Te Awamutu HRC 14 July 2011 – R 6 (heard Auckland 22 July 2011)
ID: JCA18995
Hearing Type (Code):
harness-racing
Meet Title:
Cambridge - Te Awamutu HRC - 14 July 2011
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2011/07/14
Race Number:
R 6
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr T Taumanu - Stipendiary Steward
Defendant: Mr M Kerr - Junior Horseman
Information No: 67313
Meeting: Cambridge-Te Awamutu HRC
Date: 14 July 2011 (heard Auckland 22 July 2011)
Venue: Cambridge Raceway
Race: 6
Rule No: 869 (2)(a)
Judicial Committee: J Holloway, Chairman - B Scott, Committee Member
Plea: Admitted
Also Present: Mr M McKendry - Senior Horseman assisting Mr Kerr
CHARGE:
Excessive use of the whip.
FACTS:
Junior Horseman M Kerr was charged with a breach of Rule 829(2)(a) after Race 6 of the Cambridge TeAwamutu HRC meeting of 14 July 2011. He initially denied the charge and could not arrange a senior horseman to assist him. Accordingly the race night committee adjourned the matter to be heard at Alexandra Park on 22 July7 2011.
Prior to the adjourned hearing Mr Mitchell viewed the tapes of the race in the presence of Senior Horseman Mr M McKendry. He subsequently vacated his not guilty plea and endorsed and signed the information admitting the charge.
Mr Taumanu referred the committee to the race tapes and identified Mr Kerr driving the horse Motoring With The Best. Over the concluding stages of the race Mr Kerr used his whip 23 occasions.
Mr Kerr agreed and in mitigation said that the blows had alternated between the rump, the dust sheet and the sulky shaft.
Regarding penalty Mr Taumanu suggested the breach was above mid range and subsequently a fine of $250.
Mr Kerr told the hearing that it was his first breach of this rule. He prided himself in his driving skills but had slipped up on this occasion.
DECISION:
The Committee in arriving at a suitable penalty decision were aware that from the 1st July 2011 the starting point for a breach of this nature is a six drive suspension or $300 fine. Taking into account Mr Kerr’s good driving record, his junior driver status and his belated guilty plea a fine of $300 was ordered.
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: 220b0571e656c3d2dca18e2a82801bb3
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 14/07/2011
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Cambridge-Te Awamutu HRC 14 July 2011 - R 6 (heard Auckland 22 July 2011)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr T Taumanu - Stipendiary Steward
Defendant: Mr M Kerr - Junior Horseman
Information No: 67313
Meeting: Cambridge-Te Awamutu HRC
Date: 14 July 2011 (heard Auckland 22 July 2011)
Venue: Cambridge Raceway
Race: 6
Rule No: 869 (2)(a)
Judicial Committee: J Holloway, Chairman - B Scott, Committee Member
Plea: Admitted
Also Present: Mr M McKendry - Senior Horseman assisting Mr Kerr
CHARGE:
Excessive use of the whip.
FACTS:
Junior Horseman M Kerr was charged with a breach of Rule 829(2)(a) after Race 6 of the Cambridge TeAwamutu HRC meeting of 14 July 2011. He initially denied the charge and could not arrange a senior horseman to assist him. Accordingly the race night committee adjourned the matter to be heard at Alexandra Park on 22 July7 2011.
Prior to the adjourned hearing Mr Mitchell viewed the tapes of the race in the presence of Senior Horseman Mr M McKendry. He subsequently vacated his not guilty plea and endorsed and signed the information admitting the charge.
Mr Taumanu referred the committee to the race tapes and identified Mr Kerr driving the horse Motoring With The Best. Over the concluding stages of the race Mr Kerr used his whip 23 occasions.
Mr Kerr agreed and in mitigation said that the blows had alternated between the rump, the dust sheet and the sulky shaft.
Regarding penalty Mr Taumanu suggested the breach was above mid range and subsequently a fine of $250.
Mr Kerr told the hearing that it was his first breach of this rule. He prided himself in his driving skills but had slipped up on this occasion.
DECISION:
The Committee in arriving at a suitable penalty decision were aware that from the 1st July 2011 the starting point for a breach of this nature is a six drive suspension or $300 fine. Taking into account Mr Kerr’s good driving record, his junior driver status and his belated guilty plea a fine of $300 was ordered.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(20(a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5f6c50a0e853486d5b81674fb26b3d06
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 01cebef3de0d252fbf040595aab1d32a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/07/2011
meet_title: Cambridge - Te Awamutu HRC - 14 July 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Cambridge - Te Awamutu HRC