Archive Decision

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Gore HRC 27 December 2011 – R 5

ID: JCA11935

Applicant:
Mr C J Allison - Stipendiary Steward

Respondent(s):
Mr L J Bond - Driver of WAIHEMO CAESAR

Information Number:
A5964

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
denied

Meet Title:
Gore HRC - 27 December 2011

Meet Chair:
ADennis

Meet Committee Member 1:
NSkelt

Race Date:
2011/12/27

Race Number:
R 5

Decision:

The charge was found proved.

Penalty:

Mr Bond was fined the sum of $200.

Charge:

That Mr L J Bond used his whip in an unnecessary manner.

Facts:

Following the running of Race 5, the K2 KONTRACTING LTD MOBILE PACE, an information was filed by Stipendiary Steward, Mr C J Allison, against Mr L J Bond, alleging a breach of Rule 869 (2) (a) in that Mr Bond used his whip in an unnecessary manner.

Mr Bond was present at the hearing and indicated that he did not admit the breach.

Rule 869 (2) (a) provides as follows:

No horseman shall during any race:- use his whip in an unnecessary, excessive or improper manner.

Submissions for Decision:

Mr Allison showed a video replay of the final 400 metres of the race. He pointed out where Mr Bond had struck his horse at least six times, even though the horse (Waihemo Caesar) was fading, and according to Mr Allison, was a ‘spent force’. Mr Allison stated that it was his belief that the last six strikes constituted ‘unnecessary force.

Mr Bond agreed that he had struck his horse the times stated, but made the following points. Firstly, that he was following the trainer's orders, that he was to keep encouraging the horse, that if he was to stop urging the horse it would likely ‘walk home’, and that secondly, he did not feel that his use of the whip was excessive or unnecessary.

Reasons for Decision:

The Committee considered carefully all the evidence, especially the video film. The committee found that the horse was clearly ‘spent’ and that the extra strikes were unnecessary, and found the charge proved.

Submissions for Penalty:

Mr Allison stated that Mr Bond had a clear record over the past 12 months and that this infringement was at the lower end of the scale.

Reasons for Penalty:

In determining penalty, the Committee had regard to Mr Bond’s record, Mr Allison's comments regarding the severity of the incident, and the relevant penalty guide.

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: 318920f8dc98b88826e23c0de3f63d7a


informantnumber: A5964


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 20/12/2011


hearing_title: Gore HRC 27 December 2011 - R 5


charge:

That Mr L J Bond used his whip in an unnecessary manner.


facts:

Following the running of Race 5, the K2 KONTRACTING LTD MOBILE PACE, an information was filed by Stipendiary Steward, Mr C J Allison, against Mr L J Bond, alleging a breach of Rule 869 (2) (a) in that Mr Bond used his whip in an unnecessary manner.

Mr Bond was present at the hearing and indicated that he did not admit the breach.

Rule 869 (2) (a) provides as follows:

No horseman shall during any race:- use his whip in an unnecessary, excessive or improper manner.


appealdecision:


isappeal:


submissionsfordecision:

Mr Allison showed a video replay of the final 400 metres of the race. He pointed out where Mr Bond had struck his horse at least six times, even though the horse (Waihemo Caesar) was fading, and according to Mr Allison, was a ‘spent force’. Mr Allison stated that it was his belief that the last six strikes constituted ‘unnecessary force.

Mr Bond agreed that he had struck his horse the times stated, but made the following points. Firstly, that he was following the trainer's orders, that he was to keep encouraging the horse, that if he was to stop urging the horse it would likely ‘walk home’, and that secondly, he did not feel that his use of the whip was excessive or unnecessary.


reasonsfordecision:

The Committee considered carefully all the evidence, especially the video film. The committee found that the horse was clearly ‘spent’ and that the extra strikes were unnecessary, and found the charge proved.


Decision:

The charge was found proved.


sumissionsforpenalty:

Mr Allison stated that Mr Bond had a clear record over the past 12 months and that this infringement was at the lower end of the scale.


reasonsforpenalty:

In determining penalty, the Committee had regard to Mr Bond’s record, Mr Allison's comments regarding the severity of the incident, and the relevant penalty guide.


penalty:

Mr Bond was fined the sum of $200.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr C J Allison - Stipendiary Steward


JockeysandTrainer: Mr L J Bond - Driver of WAIHEMO CAESAR


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 43ecfcf5c48a72c953f71a007e8b382d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4b07bf29f166d2f922f5ea923f10d3fa


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/12/2011


meet_title: Gore HRC - 27 December 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: gore-hrc


meet_racingtype: harness-racing


meet_chair: ADennis


meet_pm1: NSkelt


meet_pm2: none


name: Gore HRC