Timaru HRC 16 December 2010 – R 3
ID: JCA15487
Meet Title:
Timaru HRC - 16 December 2010
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2010/12/16
Race Number:
R 3
Decision:
The charge was found proved.
Penalty:
Mr Kerr’s Open Horseman’s Licence was suspended from the close of racing on 16 December 2010 up to and including Wednesday, 29 December 2010 – effectively, 2 driving days.
Charge:
Excessive use of th whip.
Facts:
Following the running of Race 3, Lion Beverages Mobile Pace, Information No. 69447 was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr B A Kerr, alleging that Mr Kerr, as the driver of TOSCANI’S MATE in the race, “used his whip in an excessive manner in the run home”.
Mr Kerr had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
Mr McIntyre showed a video replay of the final 400 metres of the race. He pointed out Mr Kerr driving TOSCANI’S MATE, which was racing towards the rear of the field as the field turned into the final straight. He alleged that, from that point, Mr Kerr used his whip on approximately 22 times in the run home which was too much.
Reasons for Decision:
The Committee was satisfied that Mr Kerr had used his whip in an excessive manner, as alleged. The Committee accepted the submission of Mr McIntyre that, to use the whip 22 times, was excessive or too much. The Committee also noted that Mr Kerr had admitted the breach.
Submissions for Penalty:
Mr McIntyre informed the Committee that Mr Kerr had a clear record as far as breaches of the Rule were concerned. He said that Mr Kerr drives only his own horses. He has two racing which he has been driving recently. Mr Kerr had indicated to the Stewards that he preferred a suspension to a fine in this case. He had told the Stewards that his horses would be racing on 23 December (Addington) and 29 December (Banks Peninsula). Mr McIntyre submitted that a suspension for those two meetings would be appropriate.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Kerr’s admission of the breach, his previous good record and his expressed preference for a term of suspension rather than a monetary penalty. The Committee took four drives as being equivalent to a fine of $200.
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: 99fa2a548f7873c4bb907288b9df5dd6
informantnumber: 69447
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/12/2010
hearing_title: Timaru HRC 16 December 2010 - R 3
charge:
Excessive use of th whip.
facts:
Following the running of Race 3, Lion Beverages Mobile Pace, Information No. 69447 was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr B A Kerr, alleging that Mr Kerr, as the driver of TOSCANI’S MATE in the race, “used his whip in an excessive manner in the run home”.
Mr Kerr had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed a video replay of the final 400 metres of the race. He pointed out Mr Kerr driving TOSCANI’S MATE, which was racing towards the rear of the field as the field turned into the final straight. He alleged that, from that point, Mr Kerr used his whip on approximately 22 times in the run home which was too much.
reasonsfordecision:
The Committee was satisfied that Mr Kerr had used his whip in an excessive manner, as alleged. The Committee accepted the submission of Mr McIntyre that, to use the whip 22 times, was excessive or too much. The Committee also noted that Mr Kerr had admitted the breach.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr McIntyre informed the Committee that Mr Kerr had a clear record as far as breaches of the Rule were concerned. He said that Mr Kerr drives only his own horses. He has two racing which he has been driving recently. Mr Kerr had indicated to the Stewards that he preferred a suspension to a fine in this case. He had told the Stewards that his horses would be racing on 23 December (Addington) and 29 December (Banks Peninsula). Mr McIntyre submitted that a suspension for those two meetings would be appropriate.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Kerr’s admission of the breach, his previous good record and his expressed preference for a term of suspension rather than a monetary penalty. The Committee took four drives as being equivalent to a fine of $200.
penalty:
Mr Kerr’s Open Horseman’s Licence was suspended from the close of racing on 16 December 2010 up to and including Wednesday, 29 December 2010 – effectively, 2 driving days.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N G McIntyre, Stipendiary Steward
JockeysandTrainer: B A Kerr, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5151ffef2d5841b07d42ef25e6c47a10
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: 173bb8d0bdc75272012410d75f3e42fc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/12/2010
meet_title: Timaru HRC - 16 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Timaru HRC