Thames HRC 13 January 2013 – R 9
ID: JCA13427
Meet Title:
Thames HRC - 13 January 2013
Meet Chair:
JHolloway
Meet Committee Member 1:
GJones
Race Date:
2013/01/13
Race Number:
R9
Decision:
It was clear from the footage that Mr McAuley drove with his foot out of the footrest for about 400 metres in the run home. His horse was at the tail of the field with no chance of finishing in a stake bearing or dividend bearing place. Despite this he continued using his whip on the horse improperly and unnecessarily.
Penalty:
Junior horseman Mr McAuley is suspended from driving from the conclusion of racing on 13th January until after the conclusion of racing at Manawatu on the 7th of February 2013 - five racing days.
Charge:
Junior horseman J McAuley drove with his foot out of the footrest and used his whip improperly and unnecessarily on Bells On Fire over the concluding stages of race 9.
Facts:
An information charging junior horseman Mr J McAuley with breaching rules 867 and 869(2)(a) was lodged following race 9.
Mr McAuley appeared for the hearing and admitted the breach. He was supported and advised by senior horseman Mr B Mangos who confirmed he understood the relevant rules and guidelines.
Mr Muirhead referred the hearing to the relevant clauses Use of Whip guidelines which read:
"Unnecessary use of the whip includes :-
- Striking a horse that is not responding or cannot maintain its position in the race.
- Striking a horse that has no reasonable chance of finishing in a stake or dividend bearing place.
Improper use of the whip includes:
- Using the whip while having a foot out of the footrest (in conjunction with rule 867)".
Mr Muirhead referred the committee to video footage of the concluding stages of race 9 and identified Mr McAuley driving Bells On Fire at the rear of the field.
With about 400 metres to run Mr McCauley took his right foot from the footrest and began using his whip. Bells On Fire remained at the tail of the field and failed to improve finishing last. Despite this Mr McAuley continued to strike his horse and his foot remained out of the footrest.
Submissions for Penalty:
Mr Muirhead told the hearing that Mr McAuley's actions did not look good from the public's perspective and should be frowned upon.
A clearly beaten runner had been subjected to improper and unnecessary use of the whip over the concluding stages of the race. As a junior driver with 12 lifetime drives for one win Mr Muirhead submitted that Mr McAuley's personal circumstances would make the payment of a fine an unnecessary burden. The starting point for a breach of this nature was a penalty of $250 fine or 6 drive suspension.
Mr Mangos told the committee that Mr McAuley had been taken by the moment forgetting to keep his foot in the footrest. His inexperience showed in the manner that he continued to complete his drive. He realised his behaviour was wrong and was seeking to get guidance and advice from senior horsemen. He had admitted the breach and would prefer a period of suspension. Mr McAuley drove normally only one drive a meeting, either his own horse or in junior drivers events excluding meetings at Alexandra Park.
Reasons for Penalty:
The committee saw the breach as being middle to upper level in seriousness. The continued whipping of Bells On Fire was clearly unnecessary and had potential to create a poor image of harness racing. Mr McAuley was a very junior driver with limited experience and financial resources facing his first breach which he had admitted. He had been cooperative throughout the enquiry.
Taking those matters into account the committee assessed the appropriate penalty as being near the recommended starting point of a six drive suspension.
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: 35cf0ae85fa623a0ec205c9f5e27c87b
informantnumber: A2387
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 18/12/2012
hearing_title: Thames HRC 13 January 2013 - R 9
charge:
Junior horseman J McAuley drove with his foot out of the footrest and used his whip improperly and unnecessarily on Bells On Fire over the concluding stages of race 9.
facts:
An information charging junior horseman Mr J McAuley with breaching rules 867 and 869(2)(a) was lodged following race 9.
Mr McAuley appeared for the hearing and admitted the breach. He was supported and advised by senior horseman Mr B Mangos who confirmed he understood the relevant rules and guidelines.
Mr Muirhead referred the hearing to the relevant clauses Use of Whip guidelines which read:
"Unnecessary use of the whip includes :-
- Striking a horse that is not responding or cannot maintain its position in the race.
- Striking a horse that has no reasonable chance of finishing in a stake or dividend bearing place.
Improper use of the whip includes:
- Using the whip while having a foot out of the footrest (in conjunction with rule 867)".
Mr Muirhead referred the committee to video footage of the concluding stages of race 9 and identified Mr McAuley driving Bells On Fire at the rear of the field.
With about 400 metres to run Mr McCauley took his right foot from the footrest and began using his whip. Bells On Fire remained at the tail of the field and failed to improve finishing last. Despite this Mr McAuley continued to strike his horse and his foot remained out of the footrest.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
It was clear from the footage that Mr McAuley drove with his foot out of the footrest for about 400 metres in the run home. His horse was at the tail of the field with no chance of finishing in a stake bearing or dividend bearing place. Despite this he continued using his whip on the horse improperly and unnecessarily.
sumissionsforpenalty:
Mr Muirhead told the hearing that Mr McAuley's actions did not look good from the public's perspective and should be frowned upon.
A clearly beaten runner had been subjected to improper and unnecessary use of the whip over the concluding stages of the race. As a junior driver with 12 lifetime drives for one win Mr Muirhead submitted that Mr McAuley's personal circumstances would make the payment of a fine an unnecessary burden. The starting point for a breach of this nature was a penalty of $250 fine or 6 drive suspension.
Mr Mangos told the committee that Mr McAuley had been taken by the moment forgetting to keep his foot in the footrest. His inexperience showed in the manner that he continued to complete his drive. He realised his behaviour was wrong and was seeking to get guidance and advice from senior horsemen. He had admitted the breach and would prefer a period of suspension. Mr McAuley drove normally only one drive a meeting, either his own horse or in junior drivers events excluding meetings at Alexandra Park.
reasonsforpenalty:
The committee saw the breach as being middle to upper level in seriousness. The continued whipping of Bells On Fire was clearly unnecessary and had potential to create a poor image of harness racing. Mr McAuley was a very junior driver with limited experience and financial resources facing his first breach which he had admitted. He had been cooperative throughout the enquiry.
Taking those matters into account the committee assessed the appropriate penalty as being near the recommended starting point of a six drive suspension.
penalty:
Junior horseman Mr McAuley is suspended from driving from the conclusion of racing on 13th January until after the conclusion of racing at Manawatu on the 7th of February 2013 - five racing days.
hearing_type: Hearing
Rules: Rules 867 & 869(2)(a) and the Use Of Whip Guidelines
Informant: Stipendiary Steward Mr J Muirhead
JockeysandTrainer: Junior Horseman A McAuley
Otherperson: Mr B Mangos senior horseman supporting Mr McAuley
PersonPresent:
Respondent:
StipendSteward:
raceid: 83ac4030c708faf56684bbe369ceee84
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
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meetid: f72758ab3a823b587a65be9d455e1dd4
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
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meetdate: 13/01/2013
meet_title: Thames HRC - 13 January 2013
meet_expappcomment:
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meet_otherexp:
tracklocation: thames-hrc
meet_racingtype: harness-racing
meet_chair: JHolloway
meet_pm1: GJones
meet_pm2: none
name: Thames HRC