Archive Decision

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Kurow TC 5 August 2012 – R 11

ID: JCA14943

Applicant:
Mr S Renault, Stipendiary Steward

Respondent(s):
Mr D Johnston, Licensed Horseman

Information Number:
1807

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Kurow TC - 5 August 2012

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2012/08/05

Race Number:
R11

Decision:

We find the breach proved.

Penalty:

We impose a fine of $200 and remind Mr Johnston of his professional obligations. The fact that a horse is responding to the use of the whip is no excuse to breach the rule.

Charge:

Mr Renault alleged that Mr Johnston used his whip excessively in the home straight when driving HERE COMES BRUCIE in race 11.

Facts:

Mr Renault showed the video and counted 22 strikes with the whip in the home straight. 

Submissions for Decision:

Mr Renault said while there were brief pauses early on, this was clearly too much.

Mr Johnston agreed with this count and said he was not hurting the horse. He said the horse was giving and that he had to keep at him. He said he had only held 4th by a small margin.

Reasons for Decision:

Mr Johnston has admitted the breach.

Submissions for Penalty:

Mr Renault said Mr Johnston's record was clear under this rule for this and the last season.

He submitted a fine of around $200 was appropriate.

Mr Johnston agreed that the matter could be dealt with by a fine. He asked that that be as low as possible.

Reasons for Penalty:

We agree that the respondent has used the whip on 22 occasions in the home straight. There is some initial respite but the strikes near the winning post become quite repetitive.

We take a starting point of $300 as identified in the Penalty Guide and give credit for Mr Johnston's good record and his admission of the breach.

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: 9004b701455725d7a2eef55197cfcbf5


informantnumber: 1807


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/07/2012


hearing_title: Kurow TC 5 August 2012 - R 11


charge:

Mr Renault alleged that Mr Johnston used his whip excessively in the home straight when driving HERE COMES BRUCIE in race 11.


facts:

Mr Renault showed the video and counted 22 strikes with the whip in the home straight. 


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault said while there were brief pauses early on, this was clearly too much.

Mr Johnston agreed with this count and said he was not hurting the horse. He said the horse was giving and that he had to keep at him. He said he had only held 4th by a small margin.


reasonsfordecision:

Mr Johnston has admitted the breach.


Decision:

We find the breach proved.


sumissionsforpenalty:

Mr Renault said Mr Johnston's record was clear under this rule for this and the last season.

He submitted a fine of around $200 was appropriate.

Mr Johnston agreed that the matter could be dealt with by a fine. He asked that that be as low as possible.


reasonsforpenalty:

We agree that the respondent has used the whip on 22 occasions in the home straight. There is some initial respite but the strikes near the winning post become quite repetitive.

We take a starting point of $300 as identified in the Penalty Guide and give credit for Mr Johnston's good record and his admission of the breach.


penalty:

We impose a fine of $200 and remind Mr Johnston of his professional obligations. The fact that a horse is responding to the use of the whip is no excuse to breach the rule.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr S Renault, Stipendiary Steward


JockeysandTrainer: Mr D Johnston, Licensed Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 6ce498e70acffbb764d78e9b077232fc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R11


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6b13c051bf37e01cdb1d52198fb7afc8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/08/2012


meet_title: Kurow TC - 5 August 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: kurow-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Kurow TC