Archive Decision

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Thames HRC 13 January 2013 – R 3

ID: JCA11313

Applicant:
Stipendiary Steward Mr J Muirhead

Respondent(s):
Advanced Amateur Horseman Mr J Kreichbaumer

Information Number:
A2386

Hearing Type:
Hearing

Rules:
Rules 867 & 869(2)(a) and Use of Whip Guidelines

Plea:
admitted

Meet Title:
Thames HRC - 13 January 2013

Meet Chair:
JHolloway

Meet Committee Member 1:
GJones

Race Date:
2013/01/13

Race Number:
R3

Decision:

As the breach was admitted, the charge was found proved.

Penalty:

Mr Kreichbaumer was ordered to pay a fine of $200.

Charge:

Mr Kreichbaumer was charged with driving with his foot out of the footrest and using his whip improperly on Millview Rachel over the concluding stages of race 3.

Facts:

An information alleging a breach of Rules 867 and 869(2)(a) was lodged following race three.   The respondent Mr Kreichbaumer appeared for the hearing and admitted the breach.  He confirmed he understood the charge and the relevant rules. 

Mr Muirhead also referred the committee to the use of whip guidelines particularly the reference to improper use of the whip which reads:

" Improper use of the whip includes:

-  Using the whip while having a foot out of the footrest (in conjunction with Rule 867)".

The committee was referred to video footage of the concluding stages of the race and Mr Kreichbaumer was identified driving horse 8 Millview Rachel.  With about 250 metres to run his right foot came out of the footrest.  He continued using the whip throughout the final stages with his right foot out of the rest virtually continously.

Submissions for Penalty:

Mr Muirhead told the committee that the starting point for a breach of this nature was a 6 drive suspension or a $250 fine.  Mr Kreichbaumer had recently breached the same rule and the stipendiary stewards were looking for some improvement in his performance.  He submitted a fine in the $200 to $300 range was appropriate.

Mr Kreichbaumer told the hearing that he had been having trouble with his right knee and after some improvement had removed a support brace before Christmas.  The sulky used in this race had a higher footrest than he was used to and this had combined to cause his foot to come from the footrest.

Reasons for Penalty:

The Committee assessed the breach as being mid range.  Mr Kreichbaumer had admitted the charge which was a second breach in a relatively short time frame.  As an amateur driver he had limited drives and his record was assessed as average.  Whilst his knee affliction may have contributed to this breach he had a duty to ensure he was fit to drive.

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: 1c77cfaabeee6e7f3073a79493143778


informantnumber: A2386


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 18/12/2012


hearing_title: Thames HRC 13 January 2013 - R 3


charge:

Mr Kreichbaumer was charged with driving with his foot out of the footrest and using his whip improperly on Millview Rachel over the concluding stages of race 3.


facts:

An information alleging a breach of Rules 867 and 869(2)(a) was lodged following race three.   The respondent Mr Kreichbaumer appeared for the hearing and admitted the breach.  He confirmed he understood the charge and the relevant rules. 

Mr Muirhead also referred the committee to the use of whip guidelines particularly the reference to improper use of the whip which reads:

" Improper use of the whip includes:

-  Using the whip while having a foot out of the footrest (in conjunction with Rule 867)".

The committee was referred to video footage of the concluding stages of the race and Mr Kreichbaumer was identified driving horse 8 Millview Rachel.  With about 250 metres to run his right foot came out of the footrest.  He continued using the whip throughout the final stages with his right foot out of the rest virtually continously.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted, the charge was found proved.


sumissionsforpenalty:

Mr Muirhead told the committee that the starting point for a breach of this nature was a 6 drive suspension or a $250 fine.  Mr Kreichbaumer had recently breached the same rule and the stipendiary stewards were looking for some improvement in his performance.  He submitted a fine in the $200 to $300 range was appropriate.

Mr Kreichbaumer told the hearing that he had been having trouble with his right knee and after some improvement had removed a support brace before Christmas.  The sulky used in this race had a higher footrest than he was used to and this had combined to cause his foot to come from the footrest.


reasonsforpenalty:

The Committee assessed the breach as being mid range.  Mr Kreichbaumer had admitted the charge which was a second breach in a relatively short time frame.  As an amateur driver he had limited drives and his record was assessed as average.  Whilst his knee affliction may have contributed to this breach he had a duty to ensure he was fit to drive.


penalty:

Mr Kreichbaumer was ordered to pay a fine of $200.


hearing_type: Hearing


Rules: Rules 867 & 869(2)(a) and Use of Whip Guidelines


Informant: Stipendiary Steward Mr J Muirhead


JockeysandTrainer: Advanced Amateur Horseman Mr J Kreichbaumer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 56d21bb874723e4f92eeee2fea8f8090


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f72758ab3a823b587a65be9d455e1dd4


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/01/2013


meet_title: Thames HRC - 13 January 2013


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "298", "Total": "184.76", "kmprice": 184.75999999999999, "Approved": "on"}]


meet_otherexp:


tracklocation: thames-hrc


meet_racingtype: harness-racing


meet_chair: JHolloway


meet_pm1: GJones


meet_pm2: none


name: Thames HRC