Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Forbury Park TC 8 March 2012 – R 7

ID: JCA16020

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr J Trainor - Junior Driver

Other Person:
Mr B Orange - Licensed Driver supporting Mr Trainor

Information Number:
5610

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Forbury Park TC - 8 March 2012

Meet Chair:
GHall

Meet Committee Member 1:
DSteel

Race Date:
2012/03/08

Race Number:
R 7

Decision:

Mr Trainor admitted the breach, which we thus find proved.

Penalty:

We impose a fine of $300 and remind the respondent of his obligations under r 869(2)(a). The fact the horse is responding to his urgings, as we told him when he appeared before us last month, is not a reason to breach the rule.

Charge:

Mr Wallis, stipendiary steward, alleged that Mr J Trainor (DONEGAL DELIGHT) used his whip excessively over the final stages.

Facts:

Mr Wallis demonstrated on the videos that from when the field turned for home to the finish the respondent used his whip some 22 to 24 times. The horse finished sixth. Mr Wallis acknowledged that 2 or 3 of the strikes included flicks through the tail but said there were simply too many strikes.
Mr Orange, who assisted Mr Trainor, emphasised that DONEGAL DELIGHT was a lazy horse that only responds to the whip. He said the strikes were not brutal and that the respondent might have been better to have hit the horse harder but less often. The respondent said he thought he had the opportunity of running 3rd and had simply lost count of the number of strikes. He also emphasised the strikes were not forceful.

Submissions for Penalty:

Mr Wallis produced the respondent’s record, which showed a breach of this rule at Waikouaiti last month. He submitted a fine of $300 was appropriate despite the fact that the Penalty Guide suggested a starting point of $500.
Mr Trainor asked for a fine as low as was appropriate and said he preferred not to be suspended.

Reasons for Penalty:

We accept the breach is not top end. We counted at least 22 strikes up the straight. The respondent has clearly not used forceful strikes; there has simply been too many.
The Penalty Guide recommends a starting point of 10 drives or $500 for a second offence. We take this as a starting point and give credit for the fact Mr Trainor is a relatively inexperienced junior driver, and his open and honest admission of the breach.

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: af795cf2afd79e54dc1b548b035ca6b2


informantnumber: 5610


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 12/03/2012


hearing_title: Forbury Park TC 8 March 2012 - R 7


charge:

Mr Wallis, stipendiary steward, alleged that Mr J Trainor (DONEGAL DELIGHT) used his whip excessively over the final stages.


facts:

Mr Wallis demonstrated on the videos that from when the field turned for home to the finish the respondent used his whip some 22 to 24 times. The horse finished sixth. Mr Wallis acknowledged that 2 or 3 of the strikes included flicks through the tail but said there were simply too many strikes.
Mr Orange, who assisted Mr Trainor, emphasised that DONEGAL DELIGHT was a lazy horse that only responds to the whip. He said the strikes were not brutal and that the respondent might have been better to have hit the horse harder but less often. The respondent said he thought he had the opportunity of running 3rd and had simply lost count of the number of strikes. He also emphasised the strikes were not forceful.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Trainor admitted the breach, which we thus find proved.


sumissionsforpenalty:

Mr Wallis produced the respondent’s record, which showed a breach of this rule at Waikouaiti last month. He submitted a fine of $300 was appropriate despite the fact that the Penalty Guide suggested a starting point of $500.
Mr Trainor asked for a fine as low as was appropriate and said he preferred not to be suspended.


reasonsforpenalty:

We accept the breach is not top end. We counted at least 22 strikes up the straight. The respondent has clearly not used forceful strikes; there has simply been too many.
The Penalty Guide recommends a starting point of 10 drives or $500 for a second offence. We take this as a starting point and give credit for the fact Mr Trainor is a relatively inexperienced junior driver, and his open and honest admission of the breach.


penalty:

We impose a fine of $300 and remind the respondent of his obligations under r 869(2)(a). The fact the horse is responding to his urgings, as we told him when he appeared before us last month, is not a reason to breach the rule.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr J Trainor - Junior Driver


Otherperson: Mr B Orange - Licensed Driver supporting Mr Trainor


PersonPresent:


Respondent:


StipendSteward:


raceid: 183f187574052213b0c175f6e2698f83


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 00f07d27e777a0e382a6d2c935d87a44


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/03/2012


meet_title: Forbury Park TC - 8 March 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: DSteel


meet_pm2: none


name: Forbury Park TC