Reefton TC 13 March 2011 – R 4
ID: JCA11502
Meet Title:
Reefton TC - 13 March 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2011/03/13
Race Number:
R 4
Decision:
As Mr Thompson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
On resuming the hearing we advised the parties that Mr Thompson’s Open Horseman’s licence was suspended from after the completion of racing today, the 13 March 2011, until after the completion of racing on 12 April 2011. This is suspension for seven race days. The relevant race days incorporated in this period of suspension are as follows.
Banks Peninsula on 20 March 2011
NZMTC on 23 March 2011
Methven on 27 March 2011
Rangiora on 30 March 2011
Ashburton on 5 April 2011
Charge:
Excessive use of the whip.
Facts:
Following the running of Race 4, the Reefton Autolodge/BNZ Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr S. J. Thompson alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2)(a) in that horseman S. J. Thompson used his whip excessively in the run home when driving “Uweehumma”.
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.”
Mr Thompson had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr McIntyre gave evidence and used video coverage to show that Mr Thompson had used his whip on about 21 occasions in the run home, and that this use was continuous except for one slight pause.
Submissions for Penalty:
In relation to penalty Mr McIntyre advised that Mr Thompson had two previous relevant convictions. These were on the 28 November 2010 when he received a three day suspension, and on the 6 March 2011 when he received a one day suspension along with a $200-00 fine.
Mr McIntyre made submissions that Mr Thompson’s Open Horseman’s licence should be suspended for a month.
Mr Thompson said that he was aware he had a problem with his whip use, and although he accepted that a suspension was an appropriate penalty, he submitted that a month was a bit harsh.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
In considering an appropriate penalty, to Mr Thompson’s credit, we took into account that this breach was admitted. The aggravating feature was that Mr Thompson has two relevant previous convictions, the most recent only a week ago. We decided that an appropriate penalty in this case was a suspension, and that it should be for a substantial period.
We looked at the number of race meetings in the next calendar month, and assessed that Mr Thompson would be attending seven of these race meetings. We therefore considered that a months suspension was appropriate in this case.
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: 2a09a470da2a6fc6b7d0d580042738dd
informantnumber: 67525
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/02/2011
hearing_title: Reefton TC 13 March 2011 - R 4
charge:
Excessive use of the whip.
facts:
Following the running of Race 4, the Reefton Autolodge/BNZ Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr S. J. Thompson alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2)(a) in that horseman S. J. Thompson used his whip excessively in the run home when driving “Uweehumma”.
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.”
Mr Thompson had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre gave evidence and used video coverage to show that Mr Thompson had used his whip on about 21 occasions in the run home, and that this use was continuous except for one slight pause.
reasonsfordecision:
Decision:
As Mr Thompson had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr McIntyre advised that Mr Thompson had two previous relevant convictions. These were on the 28 November 2010 when he received a three day suspension, and on the 6 March 2011 when he received a one day suspension along with a $200-00 fine.
Mr McIntyre made submissions that Mr Thompson’s Open Horseman’s licence should be suspended for a month.
Mr Thompson said that he was aware he had a problem with his whip use, and although he accepted that a suspension was an appropriate penalty, he submitted that a month was a bit harsh.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
In considering an appropriate penalty, to Mr Thompson’s credit, we took into account that this breach was admitted. The aggravating feature was that Mr Thompson has two relevant previous convictions, the most recent only a week ago. We decided that an appropriate penalty in this case was a suspension, and that it should be for a substantial period.
We looked at the number of race meetings in the next calendar month, and assessed that Mr Thompson would be attending seven of these race meetings. We therefore considered that a months suspension was appropriate in this case.
penalty:
On resuming the hearing we advised the parties that Mr Thompson’s Open Horseman’s licence was suspended from after the completion of racing today, the 13 March 2011, until after the completion of racing on 12 April 2011. This is suspension for seven race days. The relevant race days incorporated in this period of suspension are as follows.
Banks Peninsula on 20 March 2011
NZMTC on 23 March 2011
Methven on 27 March 2011
Rangiora on 30 March 2011
Ashburton on 5 April 2011
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr NG McIntyre - Stipendiary Steward
JockeysandTrainer: Mr SJ Thompson - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5bd75415a465aa0f40510a8c2e5f612d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 11668344755da52fa41a45b5a4643fff
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/03/2011
meet_title: Reefton TC - 13 March 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: reefton-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Reefton TC