Timaru HRC 12 April 2011 – R 8
ID: JCA16224
Meet Title:
Timaru HRC - 12 April 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2011/04/12
Race Number:
R1
Decision:
The charge was found to be proved.
Penalty:
Mr McMillan was fined the sum of $100-00.
Charge:
Alleged dropping leg from sulky
Facts:
Following the running of Race 8, the Equine Veterinary Services Pace, Stipendiary Steward Mr S. P. Renault filed an Information against Open Horseman Mr T. M. McMillan alleging a breach of Rule 867. It was alleged that Mr McMillan had dropped his leg from the sulky in the run home.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 867 in that T. M. McMillan (I Am Amy) dropped his leg from the sulky in the run home and used the whip 3 times on the horse.”
Rule 867 reads as follows –
“Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.”
Mr McMillan had indicated on the Information that this breach of the Rules was admitted and also that he did not wish to be present at the hearing.
Submissions for Decision:
Mr Renault gave evidence and used video coverage to show that in the run home Mr McMillan had dropped his right leg from the sulky rest, and during this time he had used his whip on his horse on 3 or 4 occasions.
Reasons for Decision:
As Mr McMillan had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Renault advised that Mr McMillan had no previous relevant breaches of this Rule, and that as the breach was admitted submitted that a fine of between $100-00 and $150-00 should be imposed.
Reasons for Penalty:
In considering the matter of an appropriate penalty we took into account that Mr McMillan had admitted the breach, and also that he had no previous relevant convictions. The Penalty Guide recommends a fine of $100-00 as a starting point for a breach of this Rule. We were satisfied that a fine of $100-00 was appropriate in this case.
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: cbd7aa41a55433972e2c26d632b16145
informantnumber: 69153
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 14/04/2011
hearing_title: Timaru HRC 12 April 2011 - R 8
charge:
Alleged dropping leg from sulky
facts:
Following the running of Race 8, the Equine Veterinary Services Pace, Stipendiary Steward Mr S. P. Renault filed an Information against Open Horseman Mr T. M. McMillan alleging a breach of Rule 867. It was alleged that Mr McMillan had dropped his leg from the sulky in the run home.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 867 in that T. M. McMillan (I Am Amy) dropped his leg from the sulky in the run home and used the whip 3 times on the horse.”
Rule 867 reads as follows –
“Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.”
Mr McMillan had indicated on the Information that this breach of the Rules was admitted and also that he did not wish to be present at the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault gave evidence and used video coverage to show that in the run home Mr McMillan had dropped his right leg from the sulky rest, and during this time he had used his whip on his horse on 3 or 4 occasions.
reasonsfordecision:
As Mr McMillan had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Renault advised that Mr McMillan had no previous relevant breaches of this Rule, and that as the breach was admitted submitted that a fine of between $100-00 and $150-00 should be imposed.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that Mr McMillan had admitted the breach, and also that he had no previous relevant convictions. The Penalty Guide recommends a fine of $100-00 as a starting point for a breach of this Rule. We were satisfied that a fine of $100-00 was appropriate in this case.
penalty:
Mr McMillan was fined the sum of $100-00.
hearing_type: Hearing
Rules: Rule 867
Informant: Mr S. P. Renault - Stipendiary Steward
JockeysandTrainer: Mr T. M. McMillan - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d1fb481492c103dab5828ada4ec87b3b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 41197562b3363a64318513919d3f9891
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/04/2011
meet_title: Timaru HRC - 12 April 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "SChing", "Member": "", "OtherExpenses": "0", "KMs": "322", "Total": "199.64", "kmprice": 199.63999999999999, "Approved": "on"}]
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: Timaru HRC