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Manawatu HRC 15 February 2018 – R 7 – Chair, Mr P Williams

ID: JCA11398

Applicant:
Mr J Muirhead - Senior Stipendiary Steward

Respondent(s):
Mr J Abernethy - Licensed Horseman

Information Number:
A2347

Hearing Type:
Hearing

New Charge:
Excessive Use of Whip

Rules:
869(2)

Plea:
admitted

Meet Title:
Manawatu HRC - 15 February 2018

Meet Chair:
PWilliams

Meet Committee Member 1:
GClapp

Race Date:
2018/02/15

Race Number:
R7

Decision:

As Mr Abernethy has admitted the breach the Committee finds the charge proved.

Penalty:

Mr Abernethy is fined $200.

Facts:

Following the running of Race 7, the “Speights Ale House Manawatu Cup Mobile Pace”, Information A2347 was filed by Senior Stipendiary Steward, Mr J Muirhead against Open Horseman, Mr J Abernethy alleging Mr Abernethy “used his whip excessively over the final stages”.
 
Mr Abernethy signed Information indicating he admitted the breach and also endorsed the Information saying he did not wish to be present at the hearing.
 
Rule 869 states:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
 
The “Use of the Whip Regulations” provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
 
Using the side-on film Mr Muirhead highlighted Mr Abernethy racing just behind the leaders as the horses approached the 400m point. He said as the horses commenced rounding the final turn Mr Abernethy used the whip three times and then after a brief pause used it another 10 times in the run to the finish.

Submissions for Penalty:

Mr Muirhead submitted that in terms of the Use of the Whip Guidelines a fine of $200 should be imposed based on Mr Abernethy hitting his horse 13 times in the final 400m.

Reasons for Penalty:

The Committee has reviewed the film of the final 400m of the Race and agrees Mr Abernethy has struck his horse a total of 13 times from the 400m mark to the finish line. The Committee notes this is Abernethy’s first breach of this Rule in over 12 months and also that he did win the race.
 
The starting point for a breach of this kind is a $200 fine and the Committee believes on this occasion a fine of that magnitude is an appropriate penalty.

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: 1a6cb0bd3166c45aa3b33ad276cf1525

informantnumber: A2347

horsename:

hearing_racingtype:

startdate: no date provided

newcharge: Excessive Use of Whip

plea: admitted

penaltyrequired: 1

decisiondate: 16/02/2018

hearing_title: Manawatu HRC 15 February 2018 - R 7 - Chair, Mr P Williams

charge:

facts:

Following the running of Race 7, the “Speights Ale House Manawatu Cup Mobile Pace”, Information A2347 was filed by Senior Stipendiary Steward, Mr J Muirhead against Open Horseman, Mr J Abernethy alleging Mr Abernethy “used his whip excessively over the final stages”.
 
Mr Abernethy signed Information indicating he admitted the breach and also endorsed the Information saying he did not wish to be present at the hearing.
 
Rule 869 states:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
 
The “Use of the Whip Regulations” provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
 
Using the side-on film Mr Muirhead highlighted Mr Abernethy racing just behind the leaders as the horses approached the 400m point. He said as the horses commenced rounding the final turn Mr Abernethy used the whip three times and then after a brief pause used it another 10 times in the run to the finish.

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

As Mr Abernethy has admitted the breach the Committee finds the charge proved.

sumissionsforpenalty:

Mr Muirhead submitted that in terms of the Use of the Whip Guidelines a fine of $200 should be imposed based on Mr Abernethy hitting his horse 13 times in the final 400m.

reasonsforpenalty:

The Committee has reviewed the film of the final 400m of the Race and agrees Mr Abernethy has struck his horse a total of 13 times from the 400m mark to the finish line. The Committee notes this is Abernethy’s first breach of this Rule in over 12 months and also that he did win the race.
 
The starting point for a breach of this kind is a $200 fine and the Committee believes on this occasion a fine of that magnitude is an appropriate penalty.

penalty:

Mr Abernethy is fined $200.

hearing_type: Hearing

Rules: 869(2)

Informant: Mr J Muirhead - Senior Stipendiary Steward

JockeysandTrainer: Mr J Abernethy - Licensed Horseman

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: c64c3e46f2015ced821a41f26689591e

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R7

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 26dedbdf87b884e2f2543bed799fbaac

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 15/02/2018

meet_title: Manawatu HRC - 15 February 2018

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: manawatu-hrc

meet_racingtype: harness-racing

meet_chair: PWilliams

meet_pm1: GClapp

meet_pm2: none

name: Manawatu HRC