Hawera HRC 11 December 2014 – R 8
ID: JCA11049
Meet Title:
Hawera HRC - 11 December 2014
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
PWilliams
Race Date:
2014/12/11
Race Number:
R8
Decision:
As Mr Abernethy admitted the breach the charge was found proved.
Penalty:
Mr Abernethy is fined $400.
Facts:
Following the running of race 8, the “Paul Kalin Contracting Mobile Pace” Information A6504 was filed by Stipendiary Steward Mr J Muirhead under Rule 869 (2)(a). The Information stated “when he (J Abernethy) used his whip excessively driving “Brainstormer” over the concluding stages of the race”. Mr Abernethy signed the Information admitting the breach and confirmed this at the hearing and also that he understood the Rule.
Rule 869 (2)(a) states:- “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner”.
Submissions for Decision:
Mr Muirhead used the side-on film to identify Mr Abernethy as the widest runner on the track as the horses entered the home straight running towards the rear of 14 horse race. He said from the top of the straight to the finishing post Mr Abernethy used his whip 26 times. He said it did not look good on the film and he assessed the severity of the breach to be above the mid range.
In answer to a question from the Committee Mr Muirhead said that, whilst it wasn’t a hard and fast rule, if a driver used the whip no more than 20 times in the home straight they would not normally be deemed to be in breach of the excessive portion of Rule 869 (2)(a).
Mr Abernethy agreed with Mr Muirhead that he had struck his horse 26 times and that it did not look good on the film. He also confirmed in answer to a question from the Committee that he was aware of the “20 strike threshold” as described by Mr Muirhead.
Submissions for Penalty:
Mr Muirhead said Mr Abernethy was an experienced Open Horseman who had 409 drives last season and 116 so far this season. He said this was Mr Abernethy’s third breach of the Rule in the last 12 months with the previous breaches being at Oamaru on 6 December 2014 when he was fined $200 and at New Plymouth of 30 March 2014 when he was also fined $200. He noted that the JCA Penalty Guidelines stated that the starting point for a second breach of this Rule within a 12 month period was a $500 fine or a suspension of 10 drives but made no specific submission on what he thought the penalty should be.
Mr Abernethy confirmed that his record as described by Mr Muirhead was correct. He said he would prefer a fine to a suspension as the upcoming Christmas/New Year period was a very busy time for him.
Reasons for Penalty:
Mr Abernethy has admitted the breach and that is the only mitigating factor we can consider. There are, however, several aggravating factors we have taken into account in coming to our penalty.
The Committee has reviewed the film of the final 350m of the race and notes that, as described by Mr Muirhead and agreed to by Mr Abernethy, Mr Abernethy struck his horse 26 times in the home straight. We also note that, whilst there were two minimal pauses in his whip action during that time, to all intents and purposes the strikes were continuous. We further note that the strikes were very forceful and agree the severity of the offence is above the mid range. In addition, Mr Abernethy was on the outside of the field and in full view of the Trackside cameras and his actions could be clearly seen by members of the public watching the Race.
We note Mr Abernethy confirmed he was aware of the “20 strike threshold”. We also note this is Mr Abernethy’s third breach of the Rule since 30 March this year but of particular concern is the fact that this is his second breach in 5 days although last Sunday at Oamaru and today are in fact consecutive race days as there has been no harness racing in between.
The Committee also notes that Mr Abernethy finished second in today’s race beating the third horse by a long neck. Whilst we cannot be sure, we believe it is reasonable to say that had he not used his whip in the way he did he may not have finished in second place. He therefore has gained an unfair advantage over the other drivers in the race who drove to ensure they did not breach this Rule.
The JCA’s Penalty Guidelines do not state a starting point for a third breach of this Rule within a 12 month period. This is Mr Abernethy’s third breach in less than nine months and having reviewed recent penalties where drivers have breached this Rule for the third time in 12 months we note that where a fine has been imposed it has been not less than $300.
Mr Abernethy stated that he would prefer a fine to a suspension. We believe a fine is an appropriate penalty in this case but the aggravating factors listed above justify it being in excess of the fines given to other drivers who in recent times have breached this Rule three times in a 12 month period.
JCA Decision Fields (raw)
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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: 1b2ed90c7990bcb1e4b3eab3af139793
informantnumber: A6504
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 11/12/2014
hearing_title: Hawera HRC 11 December 2014 - R 8
charge:
facts:
Following the running of race 8, the “Paul Kalin Contracting Mobile Pace” Information A6504 was filed by Stipendiary Steward Mr J Muirhead under Rule 869 (2)(a). The Information stated “when he (J Abernethy) used his whip excessively driving “Brainstormer” over the concluding stages of the race”. Mr Abernethy signed the Information admitting the breach and confirmed this at the hearing and also that he understood the Rule.
Rule 869 (2)(a) states:- “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead used the side-on film to identify Mr Abernethy as the widest runner on the track as the horses entered the home straight running towards the rear of 14 horse race. He said from the top of the straight to the finishing post Mr Abernethy used his whip 26 times. He said it did not look good on the film and he assessed the severity of the breach to be above the mid range.
In answer to a question from the Committee Mr Muirhead said that, whilst it wasn’t a hard and fast rule, if a driver used the whip no more than 20 times in the home straight they would not normally be deemed to be in breach of the excessive portion of Rule 869 (2)(a).
Mr Abernethy agreed with Mr Muirhead that he had struck his horse 26 times and that it did not look good on the film. He also confirmed in answer to a question from the Committee that he was aware of the “20 strike threshold” as described by Mr Muirhead.
reasonsfordecision:
Decision:
As Mr Abernethy admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Muirhead said Mr Abernethy was an experienced Open Horseman who had 409 drives last season and 116 so far this season. He said this was Mr Abernethy’s third breach of the Rule in the last 12 months with the previous breaches being at Oamaru on 6 December 2014 when he was fined $200 and at New Plymouth of 30 March 2014 when he was also fined $200. He noted that the JCA Penalty Guidelines stated that the starting point for a second breach of this Rule within a 12 month period was a $500 fine or a suspension of 10 drives but made no specific submission on what he thought the penalty should be.
Mr Abernethy confirmed that his record as described by Mr Muirhead was correct. He said he would prefer a fine to a suspension as the upcoming Christmas/New Year period was a very busy time for him.
reasonsforpenalty:
Mr Abernethy has admitted the breach and that is the only mitigating factor we can consider. There are, however, several aggravating factors we have taken into account in coming to our penalty.
The Committee has reviewed the film of the final 350m of the race and notes that, as described by Mr Muirhead and agreed to by Mr Abernethy, Mr Abernethy struck his horse 26 times in the home straight. We also note that, whilst there were two minimal pauses in his whip action during that time, to all intents and purposes the strikes were continuous. We further note that the strikes were very forceful and agree the severity of the offence is above the mid range. In addition, Mr Abernethy was on the outside of the field and in full view of the Trackside cameras and his actions could be clearly seen by members of the public watching the Race.
We note Mr Abernethy confirmed he was aware of the “20 strike threshold”. We also note this is Mr Abernethy’s third breach of the Rule since 30 March this year but of particular concern is the fact that this is his second breach in 5 days although last Sunday at Oamaru and today are in fact consecutive race days as there has been no harness racing in between.
The Committee also notes that Mr Abernethy finished second in today’s race beating the third horse by a long neck. Whilst we cannot be sure, we believe it is reasonable to say that had he not used his whip in the way he did he may not have finished in second place. He therefore has gained an unfair advantage over the other drivers in the race who drove to ensure they did not breach this Rule.
The JCA’s Penalty Guidelines do not state a starting point for a third breach of this Rule within a 12 month period. This is Mr Abernethy’s third breach in less than nine months and having reviewed recent penalties where drivers have breached this Rule for the third time in 12 months we note that where a fine has been imposed it has been not less than $300.
Mr Abernethy stated that he would prefer a fine to a suspension. We believe a fine is an appropriate penalty in this case but the aggravating factors listed above justify it being in excess of the fines given to other drivers who in recent times have breached this Rule three times in a 12 month period.
penalty:
Mr Abernethy is fined $400.
hearing_type: Hearing
Rules: 869 (2)(a)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr J Abernethy - Licensed Open Horseman
Otherperson: Mr S Mulcay - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 5066d499414ec68f676c460085256c77
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e92beeec3045fd0fd91e1dd579cb5b6a
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/12/2014
meet_title: Hawera HRC - 11 December 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawera-hrc
meet_racingtype: harness-racing
meet_chair: NMcCutcheon
meet_pm1: PWilliams
meet_pm2: none
name: Hawera HRC