Archive Decision

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Waikato RC – 11 September 2009 – Race 10

ID: JCA19380

Hearing Type:
Old Hearing

Rules:
530.2.b

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Waikato RC - 11 September 2009

Race Date:
2009/09/11

Race Number:
Race 10

Decision:

Following the running of race 10, the Greene Bros 1600, Mr Hain was charged with excessive use of the whip under rule 530 (2) (b).  The information alleged that Mr Hain “used the whip on his mount FLAVOUR FLAV in an excessive manner”.

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Following the running of race 10, the Greene Bros 1600, Mr Hain was charged with excessive use of the whip under rule 530 (2) (b).  The information alleged that Mr Hain “used the whip on his mount FLAVOUR FLAV in an excessive manner”.

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Rule 530 (2) (b) states “Every rider commits a breach of these rules who, in the opinion of the Judicial Committee....strikes his horse with a whip in a manner or to an extent which is unnecessary, excessive or improper....”

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Mr Hain indicated on the information he admitted this breach of the rules and he confirmed this at the hearing.  He also agreed that that he understood the charge and the rule it was laid under.  As the breach of the rule was admitted the charge was proven.

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Stipendiary Steward Mr Oatham showed the videos and said that from the 450 metres mark to approximately the 200 metre mark Mr Hain struck his mount 19 times which was well outside the guidelines for use of the whip.  Mr Hain had no comments to make but did confirm that he knew what the guidelines were in relation to use of the whip.

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Penalty Submission

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Mr Oatham said Mr Hain had not been charged previously under this rule in the 10 months since he returned to riding in New Zealand.  He submitted that his use of the whip on this occasion was not acceptable and that the matter could be dealt with by way of a fine between $150 and $250. Mr Hain had no comments to make on penalty.

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Decision

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In coming to a decision on penalty the Committee considered all the submissions put before it. We have taken into account Mr Hain’s admittance of the breach, and the fact this is his first charge under this rule since returning to riding in this country.  However, his use of the whip was clearly outside of the guidelines and the committee also felt there was considerable vigour shown by Mr Hain when striking his horse.

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Mr Hain is fined $250.

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P Williams      R Seabrook
CHAIR             Committee Member

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7204

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--

 

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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: 47bfb7f93e67137dbde43fa3726750dd


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 11/09/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Waikato RC - 11 September 2009 - Race 10


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of race 10, the Greene Bros 1600, Mr Hain was charged with excessive use of the whip under rule 530 (2) (b).  The information alleged that Mr Hain “used the whip on his mount FLAVOUR FLAV in an excessive manner”.

--

 



Following the running of race 10, the Greene Bros 1600, Mr Hain was charged with excessive use of the whip under rule 530 (2) (b).  The information alleged that Mr Hain “used the whip on his mount FLAVOUR FLAV in an excessive manner”.

--

Rule 530 (2) (b) states “Every rider commits a breach of these rules who, in the opinion of the Judicial Committee....strikes his horse with a whip in a manner or to an extent which is unnecessary, excessive or improper....”

--

Mr Hain indicated on the information he admitted this breach of the rules and he confirmed this at the hearing.  He also agreed that that he understood the charge and the rule it was laid under.  As the breach of the rule was admitted the charge was proven.

--

Stipendiary Steward Mr Oatham showed the videos and said that from the 450 metres mark to approximately the 200 metre mark Mr Hain struck his mount 19 times which was well outside the guidelines for use of the whip.  Mr Hain had no comments to make but did confirm that he knew what the guidelines were in relation to use of the whip.

--

Penalty Submission

--

Mr Oatham said Mr Hain had not been charged previously under this rule in the 10 months since he returned to riding in New Zealand.  He submitted that his use of the whip on this occasion was not acceptable and that the matter could be dealt with by way of a fine between $150 and $250. Mr Hain had no comments to make on penalty.

--

Decision

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In coming to a decision on penalty the Committee considered all the submissions put before it. We have taken into account Mr Hain’s admittance of the breach, and the fact this is his first charge under this rule since returning to riding in this country.  However, his use of the whip was clearly outside of the guidelines and the committee also felt there was considerable vigour shown by Mr Hain when striking his horse.

--

Mr Hain is fined $250.

--

 

--

P Williams      R Seabrook
CHAIR             Committee Member

--

7204

--

 

--

 

--

 

--

 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 530.2.b


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: fbd37e14f1501457a22c2f8989753177


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0e02b266f6a204b3d3ee69e312879d73


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/09/2009


meet_title: Waikato RC - 11 September 2009


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Waikato RC