Kumeu TC 7 October 2011 – R 2
ID: JCA11961
Meet Title:
Auckland TC - 7 October 2011
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2011/10/07
Race Number:
R1
Decision:
The breach was admitted and is therefore proved.
Penalty:
Mr Phillips is fined $300.
Charge:
The Information alleged that Amateur Horseman, Mr S Phillips, used his whip excessively driving SAMELIA over the concluding stages.
Facts:
Mr Muirhead demonstrated the breach by way of rear and side-on video evidence of the concluding stages of the race. Mr Muirhead told the Committee that Mr Phillips was driving the eventual winner of the race, SAMELIA. He said that between the straight entrace and the winning post he continuously used his whip at least 22 times.
Submissions for Decision:
Mr Muirhead submitted that the use of the whip was excessive and outside the Use of Whip Guidelines published on 1 June 2009.
Mr Phillips did not wish to be present at the hearing. On that basis we heard no submissions on his behalf.
Submissions for Penalty:
Mr Muirhead submitted that the breach of Rule was mid-range. He said that Mr Phillips was an Amateur Horseman who had limited driving opportunities and he has not breached this particular Rule within the past 12 months. He recommended a fine of $300.
No submissions as to penalty were received from Mr Phillips.
Reasons for Penalty:
Rule 869 provides that:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines provide that no horseman shall use the whip continuously and there must be distinct pauses between the whip being used. We independently viewed the video footage of the final stages of the race and concluded that Mr Phillips use of the whip was excessive.
In assessing penalty the Committee took into account the Judicial Control Authority (JCA) Penalty Guidelines which establish the starting point for a breach of this Rule at 6 drives or $300 for the first breach within a year. We also took into account Mr Phillips admission of the breach, his good driving record and his amateur status. We found that there were no compelling reasons to depart from the JCA penalty guidelines.
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: 2da805d138a5061f1ef110dccd8d2888
informantnumber: 66816
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 20/09/2011
hearing_title: Kumeu TC 7 October 2011 - R 2
charge:
The Information alleged that Amateur Horseman, Mr S Phillips, used his whip excessively driving SAMELIA over the concluding stages.
facts:
Mr Muirhead demonstrated the breach by way of rear and side-on video evidence of the concluding stages of the race. Mr Muirhead told the Committee that Mr Phillips was driving the eventual winner of the race, SAMELIA. He said that between the straight entrace and the winning post he continuously used his whip at least 22 times.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead submitted that the use of the whip was excessive and outside the Use of Whip Guidelines published on 1 June 2009.
Mr Phillips did not wish to be present at the hearing. On that basis we heard no submissions on his behalf.
reasonsfordecision:
Decision:
The breach was admitted and is therefore proved.
sumissionsforpenalty:
Mr Muirhead submitted that the breach of Rule was mid-range. He said that Mr Phillips was an Amateur Horseman who had limited driving opportunities and he has not breached this particular Rule within the past 12 months. He recommended a fine of $300.
No submissions as to penalty were received from Mr Phillips.
reasonsforpenalty:
Rule 869 provides that:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines provide that no horseman shall use the whip continuously and there must be distinct pauses between the whip being used. We independently viewed the video footage of the final stages of the race and concluded that Mr Phillips use of the whip was excessive.
In assessing penalty the Committee took into account the Judicial Control Authority (JCA) Penalty Guidelines which establish the starting point for a breach of this Rule at 6 drives or $300 for the first breach within a year. We also took into account Mr Phillips admission of the breach, his good driving record and his amateur status. We found that there were no compelling reasons to depart from the JCA penalty guidelines.
penalty:
Mr Phillips is fined $300.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr S Phillips - Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2718e3c5a06755b44667538be441c183
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ae77053efd1f3c493a5ecbe4528e5720
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/10/2011
meet_title: Auckland TC - 7 October 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "26", "Total": "16.12", "kmprice": 16.120000000000001, "Approved": "on"}]
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: BScott
meet_pm2: none
name: Auckland TC