Archive Decision

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Hawera HRC 26 March 2016 – R 1 – Chair, Mr N McCutcheon

ID: JCA16243

Applicant:
Mr J M Muirhead - Stipendiary Steward

Respondent(s):
Mr T Briskie - Licensed Horseman and Driver of NOTRE DAME

Information Number:
A7472

Hearing Type:
Hearing

New Charge:
Excessive Use of Whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Hawera HRC - 26 March 2016

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
TUtikere

Meet Committee Member 2:
TBird

Race Date:
2016/03/26

Race Number:
R 1

Decision:

As the breach was admitted it was found to be proved.

Penalty:

Mr Briskie was fined $450.

Facts:

Subsequent to the running of Race 1 (Got It Covered / Baker Builders Handicap Trot 2100m), Information No. A7472 was filed with the Judicial Committee. It alleged that Mr Briskie had used his whip excessively over the final stages on NOTRE DAME.

Rule 869(2)(a) provides:

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

The Rule was read and Mr Briskie confirmed that he understood the Rule; the charge preferred against him and confirmed that he admitted the breach.

Mr Muirhead showed the films, identified Mr Briskie and his horse and said that Mr Briskie had hit his horse 3 times with the whip early in the run home, then changed the whip from his left hand to his right hand and hit the horse a further 17 times with only one short pause during this time.

Mr Briskie agreed with the number of times (20) that he had hit his horse.

Submissions for Penalty:

Mr Muirhead referred to the penalty guidelines and considered that the matter could be dealt with by way of a fine due to the admittance of the breach and Mr Briskie’s good record. Mr Muirhead added that Mr Briskie does not drive on a regular basis. Mr Briskie said that he is naturally left-handed and should have stayed using the whip left-handed instead of trying to use it in the right hand. With regard to penalty he said that he agreed with Mr Muirhead’s submission.

Before a penalty was determined it was brought to the attention of the committee that on 27 February 2016 Mr Briskie was fined $200 for a whip breach.

Mr Briskie confirmed that this was correct.

Reasons for Penalty:

The committee when considering penalty took into account the following matters:

1) The penalty guideline
2) The admission of the breach
3) Mr Briskie’s record
4) The relatively high number of strikes

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: cefaa6354630d5d986d9bcf72b05cbd3


informantnumber: A7472


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 29/03/2016


hearing_title: Hawera HRC 26 March 2016 - R 1 - Chair, Mr N McCutcheon


charge:


facts:

Subsequent to the running of Race 1 (Got It Covered / Baker Builders Handicap Trot 2100m), Information No. A7472 was filed with the Judicial Committee. It alleged that Mr Briskie had used his whip excessively over the final stages on NOTRE DAME.

Rule 869(2)(a) provides:

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

The Rule was read and Mr Briskie confirmed that he understood the Rule; the charge preferred against him and confirmed that he admitted the breach.

Mr Muirhead showed the films, identified Mr Briskie and his horse and said that Mr Briskie had hit his horse 3 times with the whip early in the run home, then changed the whip from his left hand to his right hand and hit the horse a further 17 times with only one short pause during this time.

Mr Briskie agreed with the number of times (20) that he had hit his horse.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted it was found to be proved.


sumissionsforpenalty:

Mr Muirhead referred to the penalty guidelines and considered that the matter could be dealt with by way of a fine due to the admittance of the breach and Mr Briskie’s good record. Mr Muirhead added that Mr Briskie does not drive on a regular basis. Mr Briskie said that he is naturally left-handed and should have stayed using the whip left-handed instead of trying to use it in the right hand. With regard to penalty he said that he agreed with Mr Muirhead’s submission.

Before a penalty was determined it was brought to the attention of the committee that on 27 February 2016 Mr Briskie was fined $200 for a whip breach.

Mr Briskie confirmed that this was correct.


reasonsforpenalty:

The committee when considering penalty took into account the following matters:

1) The penalty guideline
2) The admission of the breach
3) Mr Briskie’s record
4) The relatively high number of strikes


penalty:

Mr Briskie was fined $450.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr J M Muirhead - Stipendiary Steward


JockeysandTrainer: Mr T Briskie - Licensed Horseman and Driver of NOTRE DAME


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 590e102c35f72ba0f8300f7bb351c5b6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 36637f67e54571e537b62bb091575e3d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/03/2016


meet_title: Hawera HRC - 26 March 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hawera-hrc


meet_racingtype: harness-racing


meet_chair: NMcCutcheon


meet_pm1: TUtikere


meet_pm2: TBird


name: Hawera HRC