Taranaki TC 29 February 2020 – R 3 – Chair, Mr N McCutcheon
ID: JCA12136
Meet Title:
Taranaki TC - 29 February 2020
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
TUtikere
Race Date:
2020/02/29
Race Number:
R 3
Decision:
As the charge was admitted it was deemed proved by the Committee.
Penalty:
Mr Abernethy was fined $200.
Facts:
Following the running of Race 3 (Sportys Bar-Cafe/Pelorus Trust Mobile Pace) Information No. A11704 was filed with the Judicial Committee. It was alleged that Mr Abernethy used his whip on more occasions than is permitted under Clause (b) of the Use of The Whip Regulations.
Mr Abernethy said that he understood the Rule, the Charge and confirmed to the Committee that he admitted the breach.
Mr Mulcay showed the side-on film replay and identified Mr Abernethy and his drive at the 400m marker. He said that once straightened up Mr Abernethy had hit his horse 12 times with a free hand in a striking motion.
Mr Abernethy said that he agreed with the Stipendiary Steward’s interpretation of this whip use.
Submissions for Penalty:
Mr Mulcay said that Mr Abernethy had a clear record and submitted that the penalty be by way of a fine.
The Committee asked Mr Mulcay if he had any comment to make regarding the horse BLAZING SPEED winning the event by a nose only. Mr Mulcay responded by saying that it would be subjective of him to offer an opinion.
Mr Abernethy said that BLAZING SPEED had run out at its previous start. He said that on this occasion he kept it up to the mark, winning narrowly and said that he would accept the consequences.
Reasons for Penalty:
It was clear to the Committee that Mr Abernethy struck his horse in a striking motion 12 times with force between the 400m and the winning post. The Penalty Guideline identifies that a $200 Fine is the starting point for 11-13 strikes.
As there was not any evidence submitted that would give rise for a departure from the Guideline, it was considered that a Fine of $200 was appropriate.
JCA Decision Fields (raw)
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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: 36db98f6702276f5e0675cdc283a759a
informantnumber: A11704
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of the Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 02/03/2020
hearing_title: Taranaki TC 29 February 2020 - R 3 - Chair, Mr N McCutcheon
charge:
facts:
Following the running of Race 3 (Sportys Bar-Cafe/Pelorus Trust Mobile Pace) Information No. A11704 was filed with the Judicial Committee. It was alleged that Mr Abernethy used his whip on more occasions than is permitted under Clause (b) of the Use of The Whip Regulations.
Mr Abernethy said that he understood the Rule, the Charge and confirmed to the Committee that he admitted the breach.
Mr Mulcay showed the side-on film replay and identified Mr Abernethy and his drive at the 400m marker. He said that once straightened up Mr Abernethy had hit his horse 12 times with a free hand in a striking motion.
Mr Abernethy said that he agreed with the Stipendiary Steward’s interpretation of this whip use.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was deemed proved by the Committee.
sumissionsforpenalty:
Mr Mulcay said that Mr Abernethy had a clear record and submitted that the penalty be by way of a fine.
The Committee asked Mr Mulcay if he had any comment to make regarding the horse BLAZING SPEED winning the event by a nose only. Mr Mulcay responded by saying that it would be subjective of him to offer an opinion.
Mr Abernethy said that BLAZING SPEED had run out at its previous start. He said that on this occasion he kept it up to the mark, winning narrowly and said that he would accept the consequences.
reasonsforpenalty:
It was clear to the Committee that Mr Abernethy struck his horse in a striking motion 12 times with force between the 400m and the winning post. The Penalty Guideline identifies that a $200 Fine is the starting point for 11-13 strikes.
As there was not any evidence submitted that would give rise for a departure from the Guideline, it was considered that a Fine of $200 was appropriate.
penalty:
Mr Abernethy was fined $200.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr J Abernethy - Driver of BLAZING SPEED
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1643887986c02eabed7f7539b0b7d945
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: edeb09e0dea2c1f531db3039a9ed716a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/02/2020
meet_title: Taranaki TC - 29 February 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taranaki-tc
meet_racingtype: harness-racing
meet_chair: NMcCutcheon
meet_pm1: TUtikere
meet_pm2: none
name: Taranaki TC