Kumeu TC – 16 July 2010 – R 3
ID: JCA22330
Hearing Type (Code):
harness-racing
Meet Title:
Kumeu TC - 16 July 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/07/16
Race Number:
R 3
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
----
Informant: Mr N. Ydgren Stipendiary Steward
--Defendant: Mr O. Gillies
--Information: 68645
--Meeting: Kumeu District Trotting Club
--Date: 16 July 2010
--Venue: Alexandra Park Raceway
--Race: 3
--Rule No: 869(2)(a)
--Judicial Committee: B Rowe, Chairman – N McCutcheon, Committee Member
--Plea: Admitted
--Also Present: Mr B Mangos
----
CHARGE(S):
--Mr Gillies used his whip in an excessive manner when driving out SUNNY’S BAR in the run home.
----
FACTS:
--Mr Ydgren showed the video film of the run home. He said Mr Gillies used his whip on about 27 occasions. Mr Gillies said that he didn’t realise that the guidelines took into account hitting the dust sheet and/or the sulky shaft. Mr Mangos, who was assisting Mr Gillies, said that there were several pauses in the use of the whip, there were several occasions when the whip did not hit the horse, and Mr Gillies was not hitting a beaten horse.
----
SUBMISSION(S) ON PENALTY:
--Mr Ydgren said the recommended starting point was a fine of $250 or a suspension for one week. He said the offending was lower to middle on the scale of seriousness. He said Mr Gillies had breached the whip rule relating to use outside the confines of the sulky last week. He recommended a fine in the vicinity of $250. Mr Mangos accepted the submissions of Mr Ydgren. Mr Gillies thought a fine of $250 was probably a little bit high.
----
REASON(S):
--The Committee takes into account the admission of the breach, the submissions of Mr Ydgren, the acceptance of those submissions by Mr Mangos and Mr Gillies, Mr Gillies’ view of the suggested fine of $250, the recommended starting point for penalty and the breach of the whip rules by Mr Gillies last week. The Committee accepts that the offending is at the lower end of the scale.
----
PENALTY:
--Balancing the above matters, but with emphasis on the number of times the whip was used, a fine of $250 is imposed. Mr Gillies is advised that ignorance of the rules is no excuse. Mr Ydgren was asked to include a comment on Mr Gillies’ horseman’s record to the effect that any future breach of the whip rules would result in a more substantial penalty.
----
--
B Rowe N McCutcheon
--Chairman Committee Member
--68645
----
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: b58411583844082dfa49377dd4ffb584
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 16/07/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Kumeu TC - 16 July 2010 - R 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
----
Informant: Mr N. Ydgren Stipendiary Steward
--Defendant: Mr O. Gillies
--Information: 68645
--Meeting: Kumeu District Trotting Club
--Date: 16 July 2010
--Venue: Alexandra Park Raceway
--Race: 3
--Rule No: 869(2)(a)
--Judicial Committee: B Rowe, Chairman – N McCutcheon, Committee Member
--Plea: Admitted
--Also Present: Mr B Mangos
----
CHARGE(S):
--Mr Gillies used his whip in an excessive manner when driving out SUNNY’S BAR in the run home.
----
FACTS:
--Mr Ydgren showed the video film of the run home. He said Mr Gillies used his whip on about 27 occasions. Mr Gillies said that he didn’t realise that the guidelines took into account hitting the dust sheet and/or the sulky shaft. Mr Mangos, who was assisting Mr Gillies, said that there were several pauses in the use of the whip, there were several occasions when the whip did not hit the horse, and Mr Gillies was not hitting a beaten horse.
----
SUBMISSION(S) ON PENALTY:
--Mr Ydgren said the recommended starting point was a fine of $250 or a suspension for one week. He said the offending was lower to middle on the scale of seriousness. He said Mr Gillies had breached the whip rule relating to use outside the confines of the sulky last week. He recommended a fine in the vicinity of $250. Mr Mangos accepted the submissions of Mr Ydgren. Mr Gillies thought a fine of $250 was probably a little bit high.
----
REASON(S):
--The Committee takes into account the admission of the breach, the submissions of Mr Ydgren, the acceptance of those submissions by Mr Mangos and Mr Gillies, Mr Gillies’ view of the suggested fine of $250, the recommended starting point for penalty and the breach of the whip rules by Mr Gillies last week. The Committee accepts that the offending is at the lower end of the scale.
----
PENALTY:
--Balancing the above matters, but with emphasis on the number of times the whip was used, a fine of $250 is imposed. Mr Gillies is advised that ignorance of the rules is no excuse. Mr Ydgren was asked to include a comment on Mr Gillies’ horseman’s record to the effect that any future breach of the whip rules would result in a more substantial penalty.
----
--
B Rowe N McCutcheon
--Chairman Committee Member
--68645
----
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2)(a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ad8a25482d2b8ca2fb7cb96d45ab2624
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5cb811f75b3f472b4dba7e9c91ee8d34
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/07/2010
meet_title: Kumeu TC - 16 July 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kumeu-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Kumeu TC