Methven TC 12 December 2010 – R 6 (heard at Addington 16 December 2010)
ID: JCA20261
Hearing Type (Code):
harness-racing
Meet Title:
Methven TC - 12 December 2010
Meet Chair:
JPhelan
Meet Committee Member 1:
JMillar
Race Date:
2010/12/12
Race Number:
R 6
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: S P Renault, Stipendiary Steward
Defendant: C J Markham, Licensed Open Driver
Information No: 69376
Meeting: Methven Trotting Club
Date: 12 December 2010
Venue: Methven
Race: 6
Rule No: 869 (2) (a)
Judicial Committee: R G McKenzie, Chairman – S C Ching, Committee Member
Plea: Admitted
FACTS:
Following the running of Race 6, Smith Seeds Limited Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr C J Markham, alleging a breach of Rule 869 (2) in that Mr Markham, as the driver of SPECIAL CULLEN in the race, “used his whip excessively in the run home”.
The information was filed with the Registrar on the raceday. Mr Markham had subsequently signed the Statement by the Defendant on the information form and had faxed a signed copy back to Harness Racing New Zealand. He indicated, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
SUBMISSION(S):
Mr Renault showed a video replay of the final 400 metres of the race. He pointed out SPECIAL CULLEN, driven by Mr Markham, racing 3-wide outside the leader turning for home. Mr Renault submitted that, from that point, Mr Markham used his whip on approximately 22 to 24 occasions which, he said was too much. That was accepted by the Committee after viewing the video. The Committee noted that SPECIAL CULLEN finished in 3rd placing
REASON(S):
The Committee was satisfied that Mr Markham had used his whip excessively, as alleged. It was also noted that Mr Markham had admitted the breach.
DECISION:
The charge was found proved.
SUBMISSION(S) ON PENALTY:
Mr Renault informed the Committee that Mr Markham had expressed a preference for a suspension rather than a fine. Mr Renault submitted that a 2 days’ suspension would be appropriate. He said that Mr Markham has 2-3 drives on average per meeting.
REASONS:
The Committee, in arriving at penalty, took into account Mr Markham’s admission of the breach and his clear record. It also took into account his expressed preference for a suspension rather than a fine.
PENALTY:
Mr Markham’s Open Driver’s Licence was suspended up to and including Thursday, 23 December 2010 – effectively 2 meetings.
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: 54e0529dacf34e0b91bcf43b472fee5c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 12/12/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Methven TC 12 December 2010 - R 6 (heard at Addington 16 December 2010)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: S P Renault, Stipendiary Steward
Defendant: C J Markham, Licensed Open Driver
Information No: 69376
Meeting: Methven Trotting Club
Date: 12 December 2010
Venue: Methven
Race: 6
Rule No: 869 (2) (a)
Judicial Committee: R G McKenzie, Chairman – S C Ching, Committee Member
Plea: Admitted
FACTS:
Following the running of Race 6, Smith Seeds Limited Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr C J Markham, alleging a breach of Rule 869 (2) in that Mr Markham, as the driver of SPECIAL CULLEN in the race, “used his whip excessively in the run home”.
The information was filed with the Registrar on the raceday. Mr Markham had subsequently signed the Statement by the Defendant on the information form and had faxed a signed copy back to Harness Racing New Zealand. He indicated, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
SUBMISSION(S):
Mr Renault showed a video replay of the final 400 metres of the race. He pointed out SPECIAL CULLEN, driven by Mr Markham, racing 3-wide outside the leader turning for home. Mr Renault submitted that, from that point, Mr Markham used his whip on approximately 22 to 24 occasions which, he said was too much. That was accepted by the Committee after viewing the video. The Committee noted that SPECIAL CULLEN finished in 3rd placing
REASON(S):
The Committee was satisfied that Mr Markham had used his whip excessively, as alleged. It was also noted that Mr Markham had admitted the breach.
DECISION:
The charge was found proved.
SUBMISSION(S) ON PENALTY:
Mr Renault informed the Committee that Mr Markham had expressed a preference for a suspension rather than a fine. Mr Renault submitted that a 2 days’ suspension would be appropriate. He said that Mr Markham has 2-3 drives on average per meeting.
REASONS:
The Committee, in arriving at penalty, took into account Mr Markham’s admission of the breach and his clear record. It also took into account his expressed preference for a suspension rather than a fine.
PENALTY:
Mr Markham’s Open Driver’s Licence was suspended up to and including Thursday, 23 December 2010 – effectively 2 meetings.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2)(a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f3a8c6049720b5c25863175b84ebf93d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
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meetdate: 12/12/2010
meet_title: Methven TC - 12 December 2010
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meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: JMillar
meet_pm2: none
name: Methven TC