Archive Decision

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Kumeu TC – 12 October 2007 – Race 7

ID: JCA22251

Hearing Type:
Old Hearing

Rules:
869.2.a

Hearing Type (Code):
harness-racing

Meet Title:
Kumeu TC - 12 October 2007

Race Date:
2007/10/12

Race Number:
Race 7

Decision: --

An information was lodged by Stipendiary Steward Mr J Muirhead against junior driver Mr E Brosnan, driver of RIVERBOAT ROYCE alleging a breach of Rule 869(2)(a) - Excessive use of the whip



--

DECISION AND REASON:

--

An information was lodged by Stipendiary Steward Mr J Muirhead against junior driver Mr E Brosnan, driver of RIVERBOAT ROYCE alleging a breach of Rule 869(2)(a) - Excessive use of the whip - in that he used his whip excessively when driving out his horse over the concluding stages of the race. Mr Brosnan admitted the breach and was present at the hearing, assisted by senior horseman Mr T Shaw.

--

Mr Muirhead demonstrated the incident by use of the video film. Mr Brosnan struck his horse with the whip 16 times in the home straight, nearly all forceful blows. Mr Muirhead said this was Mr Brosnan's second winning drive, he got carried away with the excitement of the situation and showed his inexperience.

--

Mr Shaw said it was the style more than the number of times Mr Brosnan hit his horse. He has suggested to Mr Brosnan that he study the whip styles of Mr David Butcher and Mr Tony Herlihy. Mr Shaw acknowledged that the whip use looked bad.

--

Penalty:

--

Mr Muirhead suggested a fine of $200, taking into account the guilty plea and Mr Brosnan's clear driving record.

--

Mr Shaw suggested a fine in the vicinity of $100.

--

In fixing penalty I took into account the following:-

--
    --
  1. The guilty plea
  2. --
  3. Mr Brosnan's clear driving record
  4. --
  5. The submissions of Mr Muirhead
  6. --
  7. The submissions of Mr Shaw
  8. --
  9. The offending was mid-range on the scale of seriousness.
  10. --
  11. The starting point for penalty for this breach is $250.
--

Taking all those matters into account, I imposed a fine of $200.

--

B Rowe

--

Chairman

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: a59b6391c4045bd2665883c8580a6373


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 12/10/2007


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Kumeu TC - 12 October 2007 - Race 7


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

An information was lodged by Stipendiary Steward Mr J Muirhead against junior driver Mr E Brosnan, driver of RIVERBOAT ROYCE alleging a breach of Rule 869(2)(a) - Excessive use of the whip



--

DECISION AND REASON:

--

An information was lodged by Stipendiary Steward Mr J Muirhead against junior driver Mr E Brosnan, driver of RIVERBOAT ROYCE alleging a breach of Rule 869(2)(a) - Excessive use of the whip - in that he used his whip excessively when driving out his horse over the concluding stages of the race. Mr Brosnan admitted the breach and was present at the hearing, assisted by senior horseman Mr T Shaw.

--

Mr Muirhead demonstrated the incident by use of the video film. Mr Brosnan struck his horse with the whip 16 times in the home straight, nearly all forceful blows. Mr Muirhead said this was Mr Brosnan's second winning drive, he got carried away with the excitement of the situation and showed his inexperience.

--

Mr Shaw said it was the style more than the number of times Mr Brosnan hit his horse. He has suggested to Mr Brosnan that he study the whip styles of Mr David Butcher and Mr Tony Herlihy. Mr Shaw acknowledged that the whip use looked bad.

--

Penalty:

--

Mr Muirhead suggested a fine of $200, taking into account the guilty plea and Mr Brosnan's clear driving record.

--

Mr Shaw suggested a fine in the vicinity of $100.

--

In fixing penalty I took into account the following:-

--
    --
  1. The guilty plea
  2. --
  3. Mr Brosnan's clear driving record
  4. --
  5. The submissions of Mr Muirhead
  6. --
  7. The submissions of Mr Shaw
  8. --
  9. The offending was mid-range on the scale of seriousness.
  10. --
  11. The starting point for penalty for this breach is $250.
--

Taking all those matters into account, I imposed a fine of $200.

--

B Rowe

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.2.a


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e1a1c666ec0026cfdd129e2af6390819


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 7


submittochair:


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meetid: a2d8eee6e6dc83776bcfb84c9575c513


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 12/10/2007


meet_title: Kumeu TC - 12 October 2007


meet_expappcomment:


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tracklocation: kumeu-tc


meet_racingtype: harness-racing


meet_chair:


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name: Kumeu TC