Archive Decision

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Roxburgh TC 4 January 2011 – R 2

ID: JCA13530

Applicant:
Mr C Allison

Respondent(s):
Mr C McKay

Information Number:
68852

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Roxburgh TC - 4 January 2011

Meet Chair:
Ghall

Meet Committee Member 1:
DSteel

Race Date:
2011/01/04

Race Number:
R 2

Decision:

We find the breach proved.

Penalty:

We believe a fine of $200 is sufficient to hold the defendant accountable. He is also reminded of his obligations under the rules.

Charge:

Mr Allison, stipendiary steward, alleged that Mr C McKay (FINAL SECRET) used his whip excessively over the final stages.

Facts:

Mr Allison demonstrated on the video that the defendant had used his whip 23 times on FINAL SECRET in the home straight.

Submissions for Decision:

Mr Allison accepted there were 3 very slight pauses from 200 metres to the 100 metres mark but thereafter he believed the use of the whip was continuous.

Mr McKay said the first six strikes might not have hit the horse. He was using the stick as a form of encouragement to a wee horse that needed to carry on and it was a bit green. He said his actions should not be seen as cruel, as he was not that type of person.

Reasons for Decision:

Mr McKay admitted the breach.

Submissions for Penalty:

Mr Allison said the breach was at the lower end of the scale and acknowledged the defendant’s record was clear in the past 12 months. He submitted a fine of $200 was appropriate.

Mr McKay said he thought this was “a bit steep”.

Reasons for Penalty:

We agree with Mr Allison that the breach is at the lower end of the scale. Mr McKay has admitted the breach at the first opportunity and we note his excellent record. We also take into account that the defendant was not heavy-handed and his statement that he is involved in the industry simply because of his enjoyment of the sport.

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: 41e902ab71fc1cd7b0aad3dc7913ce6c


informantnumber: 68852


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2010


hearing_title: Roxburgh TC 4 January 2011 - R 2


charge:

Mr Allison, stipendiary steward, alleged that Mr C McKay (FINAL SECRET) used his whip excessively over the final stages.


facts:

Mr Allison demonstrated on the video that the defendant had used his whip 23 times on FINAL SECRET in the home straight.


appealdecision:


isappeal:


submissionsfordecision:

Mr Allison accepted there were 3 very slight pauses from 200 metres to the 100 metres mark but thereafter he believed the use of the whip was continuous.

Mr McKay said the first six strikes might not have hit the horse. He was using the stick as a form of encouragement to a wee horse that needed to carry on and it was a bit green. He said his actions should not be seen as cruel, as he was not that type of person.


reasonsfordecision:

Mr McKay admitted the breach.


Decision:

We find the breach proved.


sumissionsforpenalty:

Mr Allison said the breach was at the lower end of the scale and acknowledged the defendant’s record was clear in the past 12 months. He submitted a fine of $200 was appropriate.

Mr McKay said he thought this was “a bit steep”.


reasonsforpenalty:

We agree with Mr Allison that the breach is at the lower end of the scale. Mr McKay has admitted the breach at the first opportunity and we note his excellent record. We also take into account that the defendant was not heavy-handed and his statement that he is involved in the industry simply because of his enjoyment of the sport.


penalty:

We believe a fine of $200 is sufficient to hold the defendant accountable. He is also reminded of his obligations under the rules.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr C Allison


JockeysandTrainer: Mr C McKay


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e09eee226e405e4ab9578084e5773256


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8b9c83840a7c8c9f14128de7cc5ac53d


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/01/2011


meet_title: Roxburgh TC - 4 January 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "DSteel", "Member": "", "OtherExpenses": "0", "KMs": "322", "Total": "199.64", "kmprice": 199.63999999999999, "Approved": "on"}]


meet_otherexp:


tracklocation: roxburgh-tc


meet_racingtype: harness-racing


meet_chair: Ghall


meet_pm1: DSteel


meet_pm2: none


name: Roxburgh TC