Archive Decision

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Oamaru HRC 18 September 2011 – R5

ID: JCA17184

Applicant:
Mr S Wallis

Respondent(s):
Mr B Williamson - Junior Driver

Other Person:
Mr C Thornley

Information Number:
69228

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Oamaru HRC - 18 September 2011

Meet Chair:
GHall

Meet Committee Member 1:
DSteel

Race Date:
2011/09/18

Race Number:
R5

Decision:

The defendant has admitted the breach, which we thus find proved.

Penalty:

We believe the defendant will learn from this experience and fine him the sum of $150. We remind him of the fact that he is required to drive in accordance with the Rules of Harness Racing and that trials and workouts, not raceday, are the appropriate venues in which to educate an horse.

Charge:

Mr Wallis, stipendiary steward, alleged that the defendant used his whip in an unnecessary manner over the concluding stages while driving OUR KOSTA.

Facts:

Mr Wallis demonstrated on the video that shortly after turning for home the defendant continued to strike his horse which was racing towards the rear of the field and was losing ground.

All parties agreed that there were seven strikes with the whip and that there were a couple of pauses.

Submissions for Decision:

Mr Wallis said it was obvious that OUR KOSTA was never going to run in the first six but the defendant kept hitting the horse.

Mr Williamson said the horse was hanging and lost ground when they turned for home as a consequence of this. He said he wanted to make sure the horse kept trying.

Mr Thornley, who spoke on the defendant's behalf said that the breach was "not real bad" and that Mr Williamson was simply trying to make up the ground he had lost on the bend. He said the defendant was endeavouring to get the best out of his horse.

Submissions for Penalty:

Mr Wallis submitted that a fine of $200 was appropriate.

Mr Williamson agreed with this.

Reasons for Penalty:

The starting point is a fine of $300. The breach is not top end. We count seven strikes with the whip, with the occasional pause. The strikes were not numerous or forceful but they were unnecessary as OUR KOSTA was at the rear of the field at the time.

The defendant is a very inexperienced junior driver. He has only had some 20 drives and OUR KOSTA was giving him a hard drive. He has admitted the breach and we give a generous discount to reflect the fact that this is the first time he has been charged with any breach of the Rules.

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: d72deb2f71207e05641c24c31eaf28ef


informantnumber: 69228


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 18/09/2011


hearing_title: Oamaru HRC 18 September 2011 - R5


charge:

Mr Wallis, stipendiary steward, alleged that the defendant used his whip in an unnecessary manner over the concluding stages while driving OUR KOSTA.


facts:

Mr Wallis demonstrated on the video that shortly after turning for home the defendant continued to strike his horse which was racing towards the rear of the field and was losing ground.

All parties agreed that there were seven strikes with the whip and that there were a couple of pauses.


appealdecision:


isappeal:


submissionsfordecision:

Mr Wallis said it was obvious that OUR KOSTA was never going to run in the first six but the defendant kept hitting the horse.

Mr Williamson said the horse was hanging and lost ground when they turned for home as a consequence of this. He said he wanted to make sure the horse kept trying.

Mr Thornley, who spoke on the defendant's behalf said that the breach was "not real bad" and that Mr Williamson was simply trying to make up the ground he had lost on the bend. He said the defendant was endeavouring to get the best out of his horse.


reasonsfordecision:


Decision:

The defendant has admitted the breach, which we thus find proved.


sumissionsforpenalty:

Mr Wallis submitted that a fine of $200 was appropriate.

Mr Williamson agreed with this.


reasonsforpenalty:

The starting point is a fine of $300. The breach is not top end. We count seven strikes with the whip, with the occasional pause. The strikes were not numerous or forceful but they were unnecessary as OUR KOSTA was at the rear of the field at the time.

The defendant is a very inexperienced junior driver. He has only had some 20 drives and OUR KOSTA was giving him a hard drive. He has admitted the breach and we give a generous discount to reflect the fact that this is the first time he has been charged with any breach of the Rules.


penalty:

We believe the defendant will learn from this experience and fine him the sum of $150. We remind him of the fact that he is required to drive in accordance with the Rules of Harness Racing and that trials and workouts, not raceday, are the appropriate venues in which to educate an horse.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr S Wallis


JockeysandTrainer: Mr B Williamson - Junior Driver


Otherperson: Mr C Thornley


PersonPresent:


Respondent:


StipendSteward:


raceid: 64ee9606d3d45597f39b4dbc01550138


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d48b4c685eb6b861ca8240eb746bb455


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/09/2011


meet_title: Oamaru HRC - 18 September 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: DSteel


meet_pm2: none


name: Oamaru HRC