Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Morrinsville TC 16 January 2011 – R 7

ID: JCA18170

Applicant:
Mr T Taumanu - Stipendiary Steward

Respondent(s):
Mr G Gillies - Driver of ANZAC PARADE

Information Number:
69409

Hearing Type:
Hearing

Rules:
869(2)(a)(c)

Plea:
admitted

Meet Title:
Morrinsville TC - 16 January 2011

Meet Chair:
BRowe

Meet Committee Member 1:
JHolloway

Race Date:
2011/01/16

Race Number:
R 7

Decision:

As the breach was admitted the charge was found proved.

Penalty:

Balancing the above matters but with emphasis on the fact that this is Mr Gillies first breach of this rule and also that he is only driving infrequently, a fine of $250 is imposed.

Charge:

Horseman G Gillies used his whip excessively and/or drew his whip further back than the sulky seat when driving ANZAC PARADE over the concluding stages.

Mr Gillies did not wish to be present at the hearing.

Facts:

Mr Taumanu showed the video film of the last 130 metres of the race. He said Mr Gillies struck his horse continuously with his whip on 14 occasions. On some occasions Mr Gillies drew the whip back past his shoulder and most of the blows were forceful.

Submissions for Penalty:

Mr Taumanu said Mr Gillies had returned from Australia about 3 months ago and had about 6 drives since then. He said Mr Gillies had a clear driving record and he viewed the offending as above mid range. He said the recommended starting point for penalty was a fine of $250 or a one week suspension. He submitted that a fine of $300 - $350 was appropriate.

Mr Gillies endorsed the information that he would prefer a suspension rather than a fine.

The Registrar Mrs C Shaw informed the committee Mr Gillies preferred a suspension due to his personal circumstances.

Reasons for Penalty:

In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr Taumanu and Mr Gillies, the clear driving record of Mr Gillies, the recommended starting point and the fact that Mr Gillies at present is only driving infrequently. The committee views the offending as above mid range.

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: f5e397b093dc8f6d6e80d99a114cf407


informantnumber: 69409


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2010


hearing_title: Morrinsville TC 16 January 2011 - R 7


charge:

Horseman G Gillies used his whip excessively and/or drew his whip further back than the sulky seat when driving ANZAC PARADE over the concluding stages.

Mr Gillies did not wish to be present at the hearing.


facts:

Mr Taumanu showed the video film of the last 130 metres of the race. He said Mr Gillies struck his horse continuously with his whip on 14 occasions. On some occasions Mr Gillies drew the whip back past his shoulder and most of the blows were forceful.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted the charge was found proved.


sumissionsforpenalty:

Mr Taumanu said Mr Gillies had returned from Australia about 3 months ago and had about 6 drives since then. He said Mr Gillies had a clear driving record and he viewed the offending as above mid range. He said the recommended starting point for penalty was a fine of $250 or a one week suspension. He submitted that a fine of $300 - $350 was appropriate.

Mr Gillies endorsed the information that he would prefer a suspension rather than a fine.

The Registrar Mrs C Shaw informed the committee Mr Gillies preferred a suspension due to his personal circumstances.


reasonsforpenalty:

In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr Taumanu and Mr Gillies, the clear driving record of Mr Gillies, the recommended starting point and the fact that Mr Gillies at present is only driving infrequently. The committee views the offending as above mid range.


penalty:

Balancing the above matters but with emphasis on the fact that this is Mr Gillies first breach of this rule and also that he is only driving infrequently, a fine of $250 is imposed.


hearing_type: Hearing


Rules: 869(2)(a)(c)


Informant: Mr T Taumanu - Stipendiary Steward


JockeysandTrainer: Mr G Gillies - Driver of ANZAC PARADE


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 506de9c840b26a5fa18f4562b18c0ccd


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9fec1ac73b0faa84a1116c6f25304e7c


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/01/2011


meet_title: Morrinsville TC - 16 January 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "248", "Total": "153.76", "kmprice": 153.75999999999999, "Approved": "on"}]


meet_otherexp:


tracklocation: morrinsville-tc


meet_racingtype: harness-racing


meet_chair: BRowe


meet_pm1: JHolloway


meet_pm2: none


name: Morrinsville TC