Archive Decision

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Invercargill HRC 21 April 2013 – R 10

ID: JCA10837

Applicant:
Mr C J Allison - Stipendiary Steward

Respondent(s):
Mr J W Cox - Driver of BALINDOOLEY

Other Person:
Mr M Johnson - Observer

Information Number:
5919

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Invercargill HRC - 21 April 2013

Meet Chair:
NSkelt

Meet Committee Member 1:
GHall

Race Date:
2013/04/21

Race Number:
R 10

Decision:

Mr Cox having admitted the breach we thus find the charge proved.

Penalty:

The Committee in fixing penalty were mindful of Mr Cox’s two previous breaches as outlined and also that on this occasion it was a stakes race. The breach itself was in our opinion mid range and it was the rapid fire action of the last strikes that had resulted in the breach occurring.

The Committee imposed a two driving day suspension, with the suspension being deferred to after the completion of the Forbury Park Race Meeting on Wednesday 24th April 2013, up to the conclusion of racing on Saturday 27th 2013.

Charge:

At the conclusion of race 10 The Hecton Products 2007 LTD Southern Country Cups Final an information (5919) was lodged by Stipendiary Steward Mr C J Allison alleging that J W Cox (BALINDOOLEY) used his whip excessively over the final 400 metres.

The rule reads:   869(2)(a) No horseman shall during any race a) Use his whip in an unnecessary, excessive or improper manner.

Mr JW Cox admitted the breach.

Facts:

Stipendiary Steward Mr C J Allison showed the Committee several video clips of the alleged incident, highlighting Mr Cox’s whip action over the last 400 metres counting up to twenty three strikes. Mr Allison stated that the rapid fire strikes over the last part of the race were more concerning , as Mr Cox had previously up to this point attempted to break or mix up his action.

Mr Cox stated that it was a stakes race and that he was attempting to get the best out of his horse.

Submissions for Penalty:

Stipendiary Steward Mr Allison stated that he believed this breach to be mid range, and that Mr Cox had made some effort to break up his action.

Mr Allison stated that Mr Cox had two previous breaches under this rule in the past twelve months as follows:

19th June 2012 Forbury Park $200.00 fine.

15th January 2013 Wyndham $300.00 fine.

Mr Cox in his submission asked if the Committee would consider a suspension due to his financial situation.

Reasons for Penalty:

The Committee was satisfied that Mr Cox had used his whip in an excessive manner, striking his horse BALINDOOLEY over the last 400 metres of the race up to twenty three times.

In fixing penalty the Committee considered Mr Cox's two previous breaches in the past twelve months, and his submission regarding a possible suspension.

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: 0bb33abb295ff4ed6e780a0864658f84


informantnumber: 5919


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 21/04/2013


hearing_title: Invercargill HRC 21 April 2013 - R 10


charge:

At the conclusion of race 10 The Hecton Products 2007 LTD Southern Country Cups Final an information (5919) was lodged by Stipendiary Steward Mr C J Allison alleging that J W Cox (BALINDOOLEY) used his whip excessively over the final 400 metres.

The rule reads:   869(2)(a) No horseman shall during any race a) Use his whip in an unnecessary, excessive or improper manner.

Mr JW Cox admitted the breach.


facts:

Stipendiary Steward Mr C J Allison showed the Committee several video clips of the alleged incident, highlighting Mr Cox’s whip action over the last 400 metres counting up to twenty three strikes. Mr Allison stated that the rapid fire strikes over the last part of the race were more concerning , as Mr Cox had previously up to this point attempted to break or mix up his action.

Mr Cox stated that it was a stakes race and that he was attempting to get the best out of his horse.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Cox having admitted the breach we thus find the charge proved.


sumissionsforpenalty:

Stipendiary Steward Mr Allison stated that he believed this breach to be mid range, and that Mr Cox had made some effort to break up his action.

Mr Allison stated that Mr Cox had two previous breaches under this rule in the past twelve months as follows:

19th June 2012 Forbury Park $200.00 fine.

15th January 2013 Wyndham $300.00 fine.

Mr Cox in his submission asked if the Committee would consider a suspension due to his financial situation.


reasonsforpenalty:

The Committee was satisfied that Mr Cox had used his whip in an excessive manner, striking his horse BALINDOOLEY over the last 400 metres of the race up to twenty three times.

In fixing penalty the Committee considered Mr Cox's two previous breaches in the past twelve months, and his submission regarding a possible suspension.


penalty:

The Committee in fixing penalty were mindful of Mr Cox’s two previous breaches as outlined and also that on this occasion it was a stakes race. The breach itself was in our opinion mid range and it was the rapid fire action of the last strikes that had resulted in the breach occurring.

The Committee imposed a two driving day suspension, with the suspension being deferred to after the completion of the Forbury Park Race Meeting on Wednesday 24th April 2013, up to the conclusion of racing on Saturday 27th 2013.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr C J Allison - Stipendiary Steward


JockeysandTrainer: Mr J W Cox - Driver of BALINDOOLEY


Otherperson: Mr M Johnson - Observer


PersonPresent:


Respondent:


StipendSteward:


raceid: 091973576dabba67b11bde134ce70c0f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ca582cf55dc283ece0c300566e6dd604


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/04/2013


meet_title: Invercargill HRC - 21 April 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: GHall


meet_pm2: none


name: Invercargill HRC