Franklin TC – 13 August 2010 – R 6
ID: JCA19418
Hearing Type (Code):
harness-racing
Meet Title:
Franklin TC - 13 August 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/08/13
Race Number:
R 6
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Stipendiary Steward Mr J Muirhead
--Defendant: Mr T Mitchell
--Information No: 68694
--Meeting: Franklin Trotting Club
--Date: 13th August 2010
--Venue: Alexandra Park
--Race: 6
--Rule No: 869(2)(a)
--Judicial Committee: B Rowe, Chairman – B Scott, Committee Member
--Plea: Not Admitted
----
CHARGE(s):
--Used his whip excessively when driving HEZA HOLMES over the concluding stages of the race.
----
EVIDENCE:
--The chairman read the rule and the guidelines issued by the Chief Stipendiary Steward on 1st June 2009.
----
Mr Muirhead showed and interpreted the video films of the incident. He said Mr Mitchell had kept his horse’s mind on the job from the 300metres mark and from there to the finish had hit the horse with his whip on about 23 occasions. There were two lots of backhand hits and there was continuous use of the whip.
----
Mr Mitchell did not cross examine.
----
Mr Mitchell said he drove the horse as he always did. The horse was lazy and if he had stopped driving it out, it would have stopped. He said he was only doing his job for the owners and the betting public. He said his use of the whip was not excessive – the horse needs to be driven that way.
----
Mr Muirhead did not cross examine.
----
The committee further viewed the video films. HEZA HOLMES finished 2nd beaten a neck and was half a neck ahead of the 3rd horse.
----
REASONS FOR DECISION:
--The evidence from the video films is conclusive. Mr Mitchell struck his horse with the whip on about 21 occasions in the last 200metres of the race. There was no pausing in his use of the whip. That use of the whip is “too much” as referred to in the guidelines. The lack of a pause is also outside the guidelines.
----
DECISION:
--The charge is proven.
----
SUBMISSION(s) ON PENALTY:
--Mr Muirhead said Mr Mitchell had breached this rule 2 weeks ago and was fined $150. He said the offending was mid range on the scale of seriousness and the starting point for penalty was a fine of $250 or 1 week’s suspension. He submitted there should be a fine in the region of $250 - $500.
----
Mr Mitchell said he didn’t agree with Mr Muirhead’s submissions. He did not make any other submission.
----
REASON(s):
--In fixing penalty the committee takes into account the submissions of Mr Muirhead, the recommended starting point for penalty, the recent breach of this rule by Mr Mitchell, his otherwise very good driving record and agrees the offending was mid range on the scale of seriousness.
----
PENALTY:
--Balancing the above matters, but with emphasis on the other recent breach, a fine of $300 is imposed.
----
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: 5021498a9233fa91367002f6a038606a
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 13/08/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Franklin TC - 13 August 2010 - R 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Stipendiary Steward Mr J Muirhead
--Defendant: Mr T Mitchell
--Information No: 68694
--Meeting: Franklin Trotting Club
--Date: 13th August 2010
--Venue: Alexandra Park
--Race: 6
--Rule No: 869(2)(a)
--Judicial Committee: B Rowe, Chairman – B Scott, Committee Member
--Plea: Not Admitted
----
CHARGE(s):
--Used his whip excessively when driving HEZA HOLMES over the concluding stages of the race.
----
EVIDENCE:
--The chairman read the rule and the guidelines issued by the Chief Stipendiary Steward on 1st June 2009.
----
Mr Muirhead showed and interpreted the video films of the incident. He said Mr Mitchell had kept his horse’s mind on the job from the 300metres mark and from there to the finish had hit the horse with his whip on about 23 occasions. There were two lots of backhand hits and there was continuous use of the whip.
----
Mr Mitchell did not cross examine.
----
Mr Mitchell said he drove the horse as he always did. The horse was lazy and if he had stopped driving it out, it would have stopped. He said he was only doing his job for the owners and the betting public. He said his use of the whip was not excessive – the horse needs to be driven that way.
----
Mr Muirhead did not cross examine.
----
The committee further viewed the video films. HEZA HOLMES finished 2nd beaten a neck and was half a neck ahead of the 3rd horse.
----
REASONS FOR DECISION:
--The evidence from the video films is conclusive. Mr Mitchell struck his horse with the whip on about 21 occasions in the last 200metres of the race. There was no pausing in his use of the whip. That use of the whip is “too much” as referred to in the guidelines. The lack of a pause is also outside the guidelines.
----
DECISION:
--The charge is proven.
----
SUBMISSION(s) ON PENALTY:
--Mr Muirhead said Mr Mitchell had breached this rule 2 weeks ago and was fined $150. He said the offending was mid range on the scale of seriousness and the starting point for penalty was a fine of $250 or 1 week’s suspension. He submitted there should be a fine in the region of $250 - $500.
----
Mr Mitchell said he didn’t agree with Mr Muirhead’s submissions. He did not make any other submission.
----
REASON(s):
--In fixing penalty the committee takes into account the submissions of Mr Muirhead, the recommended starting point for penalty, the recent breach of this rule by Mr Mitchell, his otherwise very good driving record and agrees the offending was mid range on the scale of seriousness.
----
PENALTY:
--Balancing the above matters, but with emphasis on the other recent breach, a fine of $300 is imposed.
----
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2)(a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cbfbc27c24835b297563002ae9a2691d
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: ac038f066767a04e4b1adc08cef432c0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/08/2010
meet_title: Franklin TC - 13 August 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Franklin TC