Manawatu HRC – 18 March 2010 – Race 8
ID: JCA18632
Hearing Type (Code):
harness-racing
Decision:
Raceday Judicial Committee Decision
--Information No: 68213
--Meeting: Manawatu Harness Racing Club
--Date: 18 March 2010
--Venue: Manawatu Raceway
--Race: Race 8 (Wenham Grain and Seed Mobile Pace 2500m)
--Rule: 869(2) (a)
--Chairman: T.W. Castles Panel: N.M. Moffatt and T.W.E. Utikere
--Informant: T.W. Taumanu, Stipendiary Steward
--Defendant: D. Branch, (Junior Horseman), represented by P. Ferguson (Senior Horseman).
--An information was lodged by Stipendiary Steward Mr. T. Taumanu against Junior Horseman D. Branch alleging a breach of Rule 869(2) (a) in that D. Branch, the driver of MODIGLIANI MAID, used his whip in an unnecessary manner on the horse with approximately 500m to run.
--
Raceday Judicial Committee Decision
--Information No: 68213
--Meeting: Manawatu Harness Racing Club
--Date: 18 March 2010
--Venue: Manawatu Raceway
--Race: Race 8 (Wenham Grain and Seed Mobile Pace 2500m)
--Rule: 869(2) (a)
--Chairman: T.W. Castles Panel: N.M. Moffatt and T.W.E. Utikere
--Informant: T.W. Taumanu, Stipendiary Steward
--Defendant: D. Branch, (Junior Horseman), represented by P. Ferguson (Senior Horseman).
--An information was lodged by Stipendiary Steward Mr. T. Taumanu against Junior Horseman D. Branch alleging a breach of Rule 869(2) (a) in that D. Branch, the driver of MODIGLIANI MAID, used his whip in an unnecessary manner on the horse with approximately 500m to run.
--Mr Branch confirmed his admittance of the breach.
--Mr Taumanu read the relevant rule. ”Rule 869 (2) No horseman shall during any race:- (a) use his whip in an unnecessary, excessive or improper manner;”.
--Mr Branch confirmed that he understood the rule.
--Senior Horseman Mr Ferguson made representations to the committee on behalf of Mr Branch, stating that with the committee’s consent Mr Branch would like to leave the hearing, so that he could fulfill transportation arrangements that others were relying on him to return to Cambridge for the Auckland Harness Meeting the following night. Mr Branch stated he was happy for Mr Ferguson to represent his best interests in his absence. Mr Taumanu stated that he would have no questions for Mr Branch, and given that Mr Ferguson was a Senior Horseman, Mr Taumanu had no problems with Mr Branch’s absence from the remainder of the hearing. Mr Ferguson suggested that Mr Branch may like to see the films before being permitted to leave. The committee accepted that the request was a genuine and necessary one in order for Mr Branch to return for engagements the following night.
--The committee invited the Stewards to show the film. Stipendiary Steward Mr Renault indicated that MODIGLIANI MAID was starting to get tired in the back straight when Mr Branch used his whip 5 times, whilst continuing to lose ground. Mr Renault further stated that Mr Branch then gave 2 forceful strikes with approximately 500m to run. It was the view of the stewards that those 2 strikes were totally unnecessary.
--Mr Branch indicated he had no comment to make. Mr Ferguson and Mr Taumanu also indicated they had no questions for Mr Branch.
--The committee asked Mr Branch is he was well aware of the penalty range for a breach of the rule before being permitted to leave. He advised that he was well aware of the penalty range and was happy for Mr Ferguson to make representations on his behalf. There being no objections from either parties, and with the committee’s consent, Mr Branch left the hearing.
--Mr Ferguson indicated that he has driven MODIGLIANI MAID previously and using the films he conceded that the last 2 uses of the whip near the 500m were unnecessary. His submission was that Mr Branch has admitted the breach as he also concedes that the last 2 strikes were unnecessary.
--Mr Taumanu submitted that the worst feature is that is was unnecessary. He also expressed concern about the public perception of such an incident, and the awareness of the SPCA who are seeking to have whips banned and barred because of action such as this. He also submitted that it is totally unnecessary to use a whip on a horse that is “beat”. The stewards ask that instead, drivers tuck the whip away and drive the horse home using the reins.
--Mr Ferguson believed that Mr Branch was not a reckless driver, nor did he show malice in any way. He realised he had made a mistake and had admitted the breach and did not continue to use the whip after the 2 strikes in question. Mr Branch is a Junior Horseman who has had 176 drives for 7 wins and this is the first time a breach of this rule has been laid.
--
PENALTY SUBMISSIONS
Mr Taumanu submitted that due to Mr Branch’s admittance of the breach, they were not seeking anything above a fine of $250, but would like the committee to consider unnecessary as being worse than excessive.
Mr Ferguson submitted that a $250 fine should be viewed as a mid-range penalty and asked the committee to consider Mr Branch’s early admittance of the breach and his remorsefulness; that he is a junior horseman with a good record and that a fine no higher than $250, and possibly less, would be appropriate given these circumstances.
--PENALTY
In coming to a decision on penalty the committee considered all of the submissions. In particular the committee considered Mr Branch’s driving record and that this was the first time he had breached this particular rule. He is a junior horseman who has admitted the breach at an early opportunity. However, the committee agrees with the submission of the Stewards that the incident that is considered unnecessary were the 2 strikes at the 500m, as viewed on the films. Taking all matters into account, the decision of the Judicial Committee is to fine Mr Branch the sum of $200.
T.W. Castles N.M. Moffatt and T.W.E. Utikere
CHAIR Committee Members
68213
Decision Date: 18/03/2010
Publish Date: 18/03/2010
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: 11ae0f1398b3f532480e2796198329fe
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 18/03/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Manawatu HRC - 18 March 2010 - Race 8
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Raceday Judicial Committee Decision
--Information No: 68213
--Meeting: Manawatu Harness Racing Club
--Date: 18 March 2010
--Venue: Manawatu Raceway
--Race: Race 8 (Wenham Grain and Seed Mobile Pace 2500m)
--Rule: 869(2) (a)
--Chairman: T.W. Castles Panel: N.M. Moffatt and T.W.E. Utikere
--Informant: T.W. Taumanu, Stipendiary Steward
--Defendant: D. Branch, (Junior Horseman), represented by P. Ferguson (Senior Horseman).
--An information was lodged by Stipendiary Steward Mr. T. Taumanu against Junior Horseman D. Branch alleging a breach of Rule 869(2) (a) in that D. Branch, the driver of MODIGLIANI MAID, used his whip in an unnecessary manner on the horse with approximately 500m to run.
--
Raceday Judicial Committee Decision
--Information No: 68213
--Meeting: Manawatu Harness Racing Club
--Date: 18 March 2010
--Venue: Manawatu Raceway
--Race: Race 8 (Wenham Grain and Seed Mobile Pace 2500m)
--Rule: 869(2) (a)
--Chairman: T.W. Castles Panel: N.M. Moffatt and T.W.E. Utikere
--Informant: T.W. Taumanu, Stipendiary Steward
--Defendant: D. Branch, (Junior Horseman), represented by P. Ferguson (Senior Horseman).
--An information was lodged by Stipendiary Steward Mr. T. Taumanu against Junior Horseman D. Branch alleging a breach of Rule 869(2) (a) in that D. Branch, the driver of MODIGLIANI MAID, used his whip in an unnecessary manner on the horse with approximately 500m to run.
--Mr Branch confirmed his admittance of the breach.
--Mr Taumanu read the relevant rule. ”Rule 869 (2) No horseman shall during any race:- (a) use his whip in an unnecessary, excessive or improper manner;”.
--Mr Branch confirmed that he understood the rule.
--Senior Horseman Mr Ferguson made representations to the committee on behalf of Mr Branch, stating that with the committee’s consent Mr Branch would like to leave the hearing, so that he could fulfill transportation arrangements that others were relying on him to return to Cambridge for the Auckland Harness Meeting the following night. Mr Branch stated he was happy for Mr Ferguson to represent his best interests in his absence. Mr Taumanu stated that he would have no questions for Mr Branch, and given that Mr Ferguson was a Senior Horseman, Mr Taumanu had no problems with Mr Branch’s absence from the remainder of the hearing. Mr Ferguson suggested that Mr Branch may like to see the films before being permitted to leave. The committee accepted that the request was a genuine and necessary one in order for Mr Branch to return for engagements the following night.
--The committee invited the Stewards to show the film. Stipendiary Steward Mr Renault indicated that MODIGLIANI MAID was starting to get tired in the back straight when Mr Branch used his whip 5 times, whilst continuing to lose ground. Mr Renault further stated that Mr Branch then gave 2 forceful strikes with approximately 500m to run. It was the view of the stewards that those 2 strikes were totally unnecessary.
--Mr Branch indicated he had no comment to make. Mr Ferguson and Mr Taumanu also indicated they had no questions for Mr Branch.
--The committee asked Mr Branch is he was well aware of the penalty range for a breach of the rule before being permitted to leave. He advised that he was well aware of the penalty range and was happy for Mr Ferguson to make representations on his behalf. There being no objections from either parties, and with the committee’s consent, Mr Branch left the hearing.
--Mr Ferguson indicated that he has driven MODIGLIANI MAID previously and using the films he conceded that the last 2 uses of the whip near the 500m were unnecessary. His submission was that Mr Branch has admitted the breach as he also concedes that the last 2 strikes were unnecessary.
--Mr Taumanu submitted that the worst feature is that is was unnecessary. He also expressed concern about the public perception of such an incident, and the awareness of the SPCA who are seeking to have whips banned and barred because of action such as this. He also submitted that it is totally unnecessary to use a whip on a horse that is “beat”. The stewards ask that instead, drivers tuck the whip away and drive the horse home using the reins.
--Mr Ferguson believed that Mr Branch was not a reckless driver, nor did he show malice in any way. He realised he had made a mistake and had admitted the breach and did not continue to use the whip after the 2 strikes in question. Mr Branch is a Junior Horseman who has had 176 drives for 7 wins and this is the first time a breach of this rule has been laid.
--
PENALTY SUBMISSIONS
Mr Taumanu submitted that due to Mr Branch’s admittance of the breach, they were not seeking anything above a fine of $250, but would like the committee to consider unnecessary as being worse than excessive.
Mr Ferguson submitted that a $250 fine should be viewed as a mid-range penalty and asked the committee to consider Mr Branch’s early admittance of the breach and his remorsefulness; that he is a junior horseman with a good record and that a fine no higher than $250, and possibly less, would be appropriate given these circumstances.
--PENALTY
In coming to a decision on penalty the committee considered all of the submissions. In particular the committee considered Mr Branch’s driving record and that this was the first time he had breached this particular rule. He is a junior horseman who has admitted the breach at an early opportunity. However, the committee agrees with the submission of the Stewards that the incident that is considered unnecessary were the 2 strikes at the 500m, as viewed on the films. Taking all matters into account, the decision of the Judicial Committee is to fine Mr Branch the sum of $200.
T.W. Castles N.M. Moffatt and T.W.E. Utikere
CHAIR Committee Members
68213
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a, 869.2
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid:
race_expapproval:
racecancelled:
race_noreport:
race_emailed1:
race_emailed2:
race_title:
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid:
meet_expapproval:
meet_noreport:
waitingforpublication:
meet_emailed1:
meet_emailed2:
meetdate: no date provided
meet_title:
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation:
meet_racingtype:
meet_chair:
meet_pm1:
meet_pm2:
name: