Manukau TC – 16 June 2009 – Race 3
ID: JCA21066
Hearing Type (Code):
harness-racing
Meet Title:
Manukau TC - 16 June 2009
Race Date:
2009/06/16
Race Number:
Race 3
Decision:
An information filed by Stipendiary Steward Mr J. Muirhead against Mr T Grayling, driver of CAMERON JAKE, alleging a breach of Rule 869 (2)(a) in that he used his whip excessively on the horse over the concluding stages of the race.
An information filed by Stipendiary Steward Mr J. Muirhead against Mr T Grayling, driver of CAMERON JAKE, alleging a breach of Rule 869 (2)(a) in that he used his whip excessively on the horse over the concluding stages of the race. Mr Grayling denied the breach and was present at the hearing.
--Mr Muirhead gave evidence and showed the video film of the last 250 metres of the race. He said Mr Grayling hit the horse with his whip on 19 occasions, they were firm hits and there were occasions when the use was continuous. He said 19 times was “too much”. He was not cross examined.
--The rule and guidelines were read to Mr Grayling. He said the horse was “quitting”. He was doing his best for the owners and punters. He was conscious of not hitting the horse too much and paused between the hits. He said in two more strides the horse would have finished 3rd instead of 2nd. Mr Muirhead did not cross examine Mr Grayling.
--Mr Muirhead and Mr Grayling summed up in accordance with the evidence they had given. In particular Mr Grayling said the horse “had it won but chucked it in”.
--DECISIONS AND REASONS:
--The committee is satisfied the guidelines have been breached. Hitting a horse 19 times in the last 250 metres is ‘too much”, particularly when the strikes are solid as they were on this occasion. In addition there was some continuous use of the whip. The charge is proven.
--PENALTY:
--Mr Muirhead said the starting point was a fine of $250. Mr Grayling has a clear record. The offending was mid range on the scale of seriousness. He suggested a fine of $200. He said other drivers had been charged with excessive use of the whip on this horse. Mr Grayling said there was only a nose back to the 3rd horse; CAMERON JAKE was a difficult horse because of its tendency to “give up”. In fixing penalty the committee takes into account the following:
--1. The submissions of Mr Muirhead
2. The submissions of Mr Grayling
3. Mr Grayling’s excellent driving record
4. The offending was “mid range”
5. The recommended starting point
Balancing those matters, a fine of $200 is imposed; emphasis being placed on Mr Grayling’s excellent driving record.
--B J Rowe
Chair
67691
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: 9ab913747848a8073c72a6c83df20039
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 16/06/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Manukau TC - 16 June 2009 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information filed by Stipendiary Steward Mr J. Muirhead against Mr T Grayling, driver of CAMERON JAKE, alleging a breach of Rule 869 (2)(a) in that he used his whip excessively on the horse over the concluding stages of the race.
An information filed by Stipendiary Steward Mr J. Muirhead against Mr T Grayling, driver of CAMERON JAKE, alleging a breach of Rule 869 (2)(a) in that he used his whip excessively on the horse over the concluding stages of the race. Mr Grayling denied the breach and was present at the hearing.
--Mr Muirhead gave evidence and showed the video film of the last 250 metres of the race. He said Mr Grayling hit the horse with his whip on 19 occasions, they were firm hits and there were occasions when the use was continuous. He said 19 times was “too much”. He was not cross examined.
--The rule and guidelines were read to Mr Grayling. He said the horse was “quitting”. He was doing his best for the owners and punters. He was conscious of not hitting the horse too much and paused between the hits. He said in two more strides the horse would have finished 3rd instead of 2nd. Mr Muirhead did not cross examine Mr Grayling.
--Mr Muirhead and Mr Grayling summed up in accordance with the evidence they had given. In particular Mr Grayling said the horse “had it won but chucked it in”.
--DECISIONS AND REASONS:
--The committee is satisfied the guidelines have been breached. Hitting a horse 19 times in the last 250 metres is ‘too much”, particularly when the strikes are solid as they were on this occasion. In addition there was some continuous use of the whip. The charge is proven.
--PENALTY:
--Mr Muirhead said the starting point was a fine of $250. Mr Grayling has a clear record. The offending was mid range on the scale of seriousness. He suggested a fine of $200. He said other drivers had been charged with excessive use of the whip on this horse. Mr Grayling said there was only a nose back to the 3rd horse; CAMERON JAKE was a difficult horse because of its tendency to “give up”. In fixing penalty the committee takes into account the following:
--1. The submissions of Mr Muirhead
2. The submissions of Mr Grayling
3. Mr Grayling’s excellent driving record
4. The offending was “mid range”
5. The recommended starting point
Balancing those matters, a fine of $200 is imposed; emphasis being placed on Mr Grayling’s excellent driving record.
--B J Rowe
Chair
67691
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: faadc947016d95721a84d3adb19feea3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 52d9b3dc9a11ac5af46a680c98982a07
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/06/2009
meet_title: Manukau TC - 16 June 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Manukau TC