Stratford TC 5 February 2012 – R 5
ID: JCA11863
Meet Title:
Stratford TC - 5 February 2012
Meet Chair:
TUtikere
Meet Committee Member 1:
ISmith
Race Date:
2012/02/05
Race Number:
Race 5
Decision:
As the charge was admitted it was found to be proved.
Penalty:
Mr More was fined the sum of $150.
Charge:
Following Race 5, Licensed Horseman K More was charged under Rule 869(2)(a). The information stated: ”You used your whip in an unnecessary manner over the concluding stages while driving CAPITAL GUEST.”
Rule 869(2)(a) states:
Mr More confirmed that he understood Rule 869(2)(a) and that he admitted the breach.
Facts:
Mr Wallis used the films to identify Mr More’s drive (CAPITAL GUEST), positioned on the fence in last place as the field turned for home on the final occasion. The side–on films indicated that the horses positioned in front of CAPITAL GUEST started to move away from him. It was at this point that Mr Wallis submitted CAPITAL GUEST was doing it’s best and not going to maintain it’s position; the stewards submitted that Mr More used his whip on seven (7) occasions over the concluding stages; in a manner which the stewards submitted was unnecessary.
Mr More submitted that during the running he believed that his horse was improving over the final stages of the race due to CAPITAL GUEST passing a couple of other runners as he improved along the inside rail. He acknowledged that the films clearly showed that CAPITAL GUEST was obviously not improving as well as he had originally thought.
Submissions for Penalty:
In presenting Mr More’s record, Mr Wallis noted that Mr More was a relatively inexperienced driver who had had only 11 drives this season. Mr Wallis also submitted that this was the first time Mr More had appeared before a judicial committee on a breach of this nature. The stewards noted that the JCA Penalty Guidelines identified a starting point of a fine of $300 or a suspension of six (6) drives, and believed that Mr More’s inexperience and early admittance of the breach needed to be taken into consideration. Mr Wallis submitted that a fine of $200 would be appropriate.
In response, Mr More submitted that a fine of $200 was an appropriate penalty. He did not wish to make any further submissions on the question of penalty.
Reasons for Penalty:
Mr More appeared before the committee on a breach of Rule 869(2)(a). The committee considered the submissions put before it on the question of penalty from all parties. In line with the JCA Penalty Guidelines the committee believed a monetary fine was appropriate and adopted a starting point of $300. In mitigation the committee took into account Mr More’s inexperience as a driver; having had only 11 race day drives in the current season. Further, this was Mr More’s first appearance before a judicial committee on a breach of this nature and he is also to be given credit for his early admittance of the breach and his conduct throughout the hearing process. The committee reached the conclusion that Mr More gave CAPITAL GUEST approximately six (6) strikes with the whip over the concluding stages which could be classified as unnecessary. Existing penalties handed down by the JCA for comparable breaches of Rule 868(2)(a) with similar mitigation criteria, had resulted, in some cases, in a fine of $150. The committee saw no reason as to why it should deviate from such a quantum on this occasion.
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: 27202cb03dbda71b69ada8ab9ce4026a
informantnumber: 69025
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 02/02/2012
hearing_title: Stratford TC 5 February 2012 - R 5
charge:
Following Race 5, Licensed Horseman K More was charged under Rule 869(2)(a). The information stated: ”You used your whip in an unnecessary manner over the concluding stages while driving CAPITAL GUEST.”
Rule 869(2)(a) states:
Mr More confirmed that he understood Rule 869(2)(a) and that he admitted the breach.
facts:
Mr Wallis used the films to identify Mr More’s drive (CAPITAL GUEST), positioned on the fence in last place as the field turned for home on the final occasion. The side–on films indicated that the horses positioned in front of CAPITAL GUEST started to move away from him. It was at this point that Mr Wallis submitted CAPITAL GUEST was doing it’s best and not going to maintain it’s position; the stewards submitted that Mr More used his whip on seven (7) occasions over the concluding stages; in a manner which the stewards submitted was unnecessary.
Mr More submitted that during the running he believed that his horse was improving over the final stages of the race due to CAPITAL GUEST passing a couple of other runners as he improved along the inside rail. He acknowledged that the films clearly showed that CAPITAL GUEST was obviously not improving as well as he had originally thought.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was found to be proved.
sumissionsforpenalty:
In presenting Mr More’s record, Mr Wallis noted that Mr More was a relatively inexperienced driver who had had only 11 drives this season. Mr Wallis also submitted that this was the first time Mr More had appeared before a judicial committee on a breach of this nature. The stewards noted that the JCA Penalty Guidelines identified a starting point of a fine of $300 or a suspension of six (6) drives, and believed that Mr More’s inexperience and early admittance of the breach needed to be taken into consideration. Mr Wallis submitted that a fine of $200 would be appropriate.
In response, Mr More submitted that a fine of $200 was an appropriate penalty. He did not wish to make any further submissions on the question of penalty.
reasonsforpenalty:
Mr More appeared before the committee on a breach of Rule 869(2)(a). The committee considered the submissions put before it on the question of penalty from all parties. In line with the JCA Penalty Guidelines the committee believed a monetary fine was appropriate and adopted a starting point of $300. In mitigation the committee took into account Mr More’s inexperience as a driver; having had only 11 race day drives in the current season. Further, this was Mr More’s first appearance before a judicial committee on a breach of this nature and he is also to be given credit for his early admittance of the breach and his conduct throughout the hearing process. The committee reached the conclusion that Mr More gave CAPITAL GUEST approximately six (6) strikes with the whip over the concluding stages which could be classified as unnecessary. Existing penalties handed down by the JCA for comparable breaches of Rule 868(2)(a) with similar mitigation criteria, had resulted, in some cases, in a fine of $150. The committee saw no reason as to why it should deviate from such a quantum on this occasion.
penalty:
Mr More was fined the sum of $150.
hearing_type: Hearing
Rules: Rule 869(2)(a)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr K More - Licensed Horseman
Otherperson: Mr T Taumanu - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 730e5a384bcc7531422a2e42dade2e94
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ba7815027555fd573ddff222b36f4dee
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/02/2012
meet_title: Stratford TC - 5 February 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "TUtikere", "Member": "", "OtherExpenses": "0", "KMs": "400", "Total": "248.0", "kmprice": 248.0, "Approved": "on"}]
meet_otherexp:
tracklocation: stratford-tc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: ISmith
meet_pm2: none
name: Stratford TC