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NZ Metro TC 24 May 2011 – R1

ID: JCA12613

Applicant:
Mr N McIntyre - Stipendiary Steward

Respondent(s):
Mr D G McCormick - Open Horseman

Information Number:
69381

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
NZ Metro TC - 24 May 2011

Meet Chair:
SChing

Meet Committee Member 1:
JPhelan

Race Date:
2011/05/24

Race Number:
R1

Decision:

The charge was found to be proved.

Penalty:

Taking all the above matters into account a fine of $200 was imposed.

Charge:

Following the running of Race 1, the Searells’s Chartered Accountants Mobile Trot, an Information was filed by Stipendiary Steward Mr N.G. McIntyre against Open Horseman Mr D.G. McCormick alleging a breach of Rule 869(2)(a) in that he used his whip in an unnecessary manner.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that you as the driver of “Abby’s Nurse” used your whip in an unnecessary manner throughout the course of the run home”
Rule 869(2)(a) reads as follows.
“(2)No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”

Facts:

Mr McCormick had indicated on the Information that this breach of the Rules was admitted, and that he did not wish to be present at the hearing.
Mr McIntyre gave evidence and used video coverage to show that Mr McCormick’s horse was a beaten runner well before the home bend, and that he used his whip on several occasions when it was clearly not necessary.
 

Submissions for Decision:

As above

Reasons for Decision:

As Mr McCormick had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submissions for Penalty:

In relation to penalty Mr McIntyre advised that Mr McCormick had no relevant previous breaches, and had been frank in his admission of this breach of the Rules. He submitted that a fine of $200 should be imposed in this case.

Reasons for Penalty:

Consideration was given to Mr McCormick’s frank admission of the breach, his clear penalty record and penalties imposed for similar breaches of this Rule.

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: 3f2676ed6e2e14d9f41a272003a1f12b

informantnumber: 69381

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 25/05/2011

hearing_title: NZ Metro TC 24 May 2011 - R1

charge:

Following the running of Race 1, the Searells’s Chartered Accountants Mobile Trot, an Information was filed by Stipendiary Steward Mr N.G. McIntyre against Open Horseman Mr D.G. McCormick alleging a breach of Rule 869(2)(a) in that he used his whip in an unnecessary manner.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that you as the driver of “Abby’s Nurse” used your whip in an unnecessary manner throughout the course of the run home”
Rule 869(2)(a) reads as follows.
“(2)No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”

facts:

Mr McCormick had indicated on the Information that this breach of the Rules was admitted, and that he did not wish to be present at the hearing.
Mr McIntyre gave evidence and used video coverage to show that Mr McCormick’s horse was a beaten runner well before the home bend, and that he used his whip on several occasions when it was clearly not necessary.
 

appealdecision:

isappeal:

submissionsfordecision:

As above

reasonsfordecision:

As Mr McCormick had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:

The charge was found to be proved.

sumissionsforpenalty:

In relation to penalty Mr McIntyre advised that Mr McCormick had no relevant previous breaches, and had been frank in his admission of this breach of the Rules. He submitted that a fine of $200 should be imposed in this case.

reasonsforpenalty:

Consideration was given to Mr McCormick’s frank admission of the breach, his clear penalty record and penalties imposed for similar breaches of this Rule.

penalty:

Taking all the above matters into account a fine of $200 was imposed.

hearing_type: Hearing

Rules: 869(2)(a)

Informant: Mr N McIntyre - Stipendiary Steward

JockeysandTrainer: Mr D G McCormick - Open Horseman

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: bccc7b44fd6178a120f4b231ace72f10

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R1

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 33efa8d6a30cf167276c4224cfcc8598

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 24/05/2011

meet_title: NZ Metro TC - 24 May 2011

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair: SChing

meet_pm1: JPhelan

meet_pm2: none

name: NZ Metro TC