Forbury Park TC – 24 June 2010 – R 10
ID: JCA22377
Hearing Type (Code):
harness-racing
Meet Title:
Forbury Park TC - 24 June 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/06/24
Race Number:
R 10
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mrs K R Williams Stipendiary Steward
--Defendant: Mr R H Swain
--Information No: 68810
--Meeting: Forbury Park Trotting Club
--Date: 24 June 2010
--Venue: Forbury Park
--Race: 10
--Rule No: 869 (2) (a)
--Judicial Committee: N D Skelt, Chairman - J L Eagles, Committee Member
--Plea: Not Admitted
----
CHARGES:
--Driver R H Swain was charged under rule 869 (2) (a) alleging that he used his whip excessively on the horse Shapiro from the 500 metre mark to the winning post. Mr Swain did not admit the breach and was present at the hearing.
----
FACTS/SUBMISSIONS:
--Mrs Williams used several video clips of the alleged incident highlighting Mr Swain using his whip 36 times on his horse Shapiro from the 500 metre mark to the winning post. Mrs Williams said that Mr Swain at no point stopped his action and in her opinion the breach was not a good look for the industry, particularly on Trackside TV.
----
Mr Swain said that his horse was battling at the 500 metre mark and that he had only finished third as a result of his urgings. If he had not driven the horse out then the horse would certainly have not finished in a dividend or stake bearing place. Mr Swain said that the rule was inappropriate as if he had not driven the horse out he then may have been charged for not doing that.
----
DECISION:
--The committee was satisfied that a breach of the rule had occurred. The video evidence was compelling clearly identifying the horse Shapiro being hit on 36 occasions - this was including the shaft and dust sheet.
----
SUBMISSION(s) ON PENALTY:
--Mrs Williams stated that Mr Swain had been charged ten months ago under the same rule and was fined the sum of $250. Mrs Williams recommended a fine of $250 be imposed.
----
Mr Swain had no submissions on penalty.
----
PENALTY:
--Mr Swain was fined the sum of $250. The committee understood Mr Swain’s comments regarding the rule and how difficult it was to work within the guidelines as it was a fine line on some occasions as to what was excessive particularly when a horse was doing its best and responding as Shapiro was on this occasion to Mr Swain’s urgings.
----
--
N D Skelt J L Eagles
--Chairman Committee Member
--68810
----
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: c0623acf5d082b0c512cd15f1dff5e09
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 24/06/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Forbury Park TC - 24 June 2010 - R 10
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Mrs K R Williams Stipendiary Steward
--Defendant: Mr R H Swain
--Information No: 68810
--Meeting: Forbury Park Trotting Club
--Date: 24 June 2010
--Venue: Forbury Park
--Race: 10
--Rule No: 869 (2) (a)
--Judicial Committee: N D Skelt, Chairman - J L Eagles, Committee Member
--Plea: Not Admitted
----
CHARGES:
--Driver R H Swain was charged under rule 869 (2) (a) alleging that he used his whip excessively on the horse Shapiro from the 500 metre mark to the winning post. Mr Swain did not admit the breach and was present at the hearing.
----
FACTS/SUBMISSIONS:
--Mrs Williams used several video clips of the alleged incident highlighting Mr Swain using his whip 36 times on his horse Shapiro from the 500 metre mark to the winning post. Mrs Williams said that Mr Swain at no point stopped his action and in her opinion the breach was not a good look for the industry, particularly on Trackside TV.
----
Mr Swain said that his horse was battling at the 500 metre mark and that he had only finished third as a result of his urgings. If he had not driven the horse out then the horse would certainly have not finished in a dividend or stake bearing place. Mr Swain said that the rule was inappropriate as if he had not driven the horse out he then may have been charged for not doing that.
----
DECISION:
--The committee was satisfied that a breach of the rule had occurred. The video evidence was compelling clearly identifying the horse Shapiro being hit on 36 occasions - this was including the shaft and dust sheet.
----
SUBMISSION(s) ON PENALTY:
--Mrs Williams stated that Mr Swain had been charged ten months ago under the same rule and was fined the sum of $250. Mrs Williams recommended a fine of $250 be imposed.
----
Mr Swain had no submissions on penalty.
----
PENALTY:
--Mr Swain was fined the sum of $250. The committee understood Mr Swain’s comments regarding the rule and how difficult it was to work within the guidelines as it was a fine line on some occasions as to what was excessive particularly when a horse was doing its best and responding as Shapiro was on this occasion to Mr Swain’s urgings.
----
--
N D Skelt J L Eagles
--Chairman Committee Member
--68810
----
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2)(a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 896503bbc0de9b983275a753daa59ca4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9577c4314763d3854e09127ba3d8d5f6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/06/2010
meet_title: Forbury Park TC - 24 June 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Forbury Park TC