Archive Decision

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Westport TC 28 December 2010 – R 4

ID: JCA15350

Applicant:
Mrs KR Williams - Stipendiary Steward

Respondent(s):
Mr PT Borcoskie - Open Horseman

Information Number:
69323

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Westport TC - 28 December 2010

Meet Chair:
JPhelan

Meet Committee Member 1:
SChing

Race Date:
2010/12/28

Race Number:
R 4

Decision:

As Mr Borcoskie had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly Mr Borcoskie was fined the sum of $200-00.

Charge:

Following the running of Race 4, the Speights McManus Hotel Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams against Open Horseman Mr P. T. Borcoskie alleging a breach of Rule 869(2)(a) in that he used his whip unnecessarily.

The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that P. T. Borcoskie used the whip unnecessarily on ANNTORO in the run home.”

Rule 869(2)(a) reads as follows.

“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”

Facts:

Mr Borcoskie had indicated on the Information that this breach of the Rules was admitted, and also that he did not wish to attend the hearing.

Mrs Williams gave evidence and used video coverage to show that Mr Borcoskie, the driver of “Anntoro” (17), had used his whip on several occasions from about the 300 metre mark when that horse had clearly dropped out of contention.

Submissions for Penalty:

In relation to penalty Mrs Williams advised that Mr Borcoskie had no relevant previous convictions, and as he had admitted the breach submitted that a fine of $200-00 should be imposed in this case.

Reasons for Penalty:

We were satisfied, in line with previous penalties imposed for similar breaches of this Rule, and after hearing submissions, that a fine of $200-00 would be imposed 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: 87df53cca4f7a89f0ef7e877d4d5f65a


informantnumber: 69323


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2010


hearing_title: Westport TC 28 December 2010 - R 4


charge:

Following the running of Race 4, the Speights McManus Hotel Pace, an Information was filed by Stipendiary Steward Mrs K. R. Williams against Open Horseman Mr P. T. Borcoskie alleging a breach of Rule 869(2)(a) in that he used his whip unnecessarily.

The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that P. T. Borcoskie used the whip unnecessarily on ANNTORO in the run home.”

Rule 869(2)(a) reads as follows.

“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”


facts:

Mr Borcoskie had indicated on the Information that this breach of the Rules was admitted, and also that he did not wish to attend the hearing.

Mrs Williams gave evidence and used video coverage to show that Mr Borcoskie, the driver of “Anntoro” (17), had used his whip on several occasions from about the 300 metre mark when that horse had clearly dropped out of contention.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Borcoskie had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

In relation to penalty Mrs Williams advised that Mr Borcoskie had no relevant previous convictions, and as he had admitted the breach submitted that a fine of $200-00 should be imposed in this case.


reasonsforpenalty:

We were satisfied, in line with previous penalties imposed for similar breaches of this Rule, and after hearing submissions, that a fine of $200-00 would be imposed in this case.


penalty:

Accordingly Mr Borcoskie was fined the sum of $200-00.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mrs KR Williams - Stipendiary Steward


JockeysandTrainer: Mr PT Borcoskie - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a1f110fcdc2a164f7203e66cf36b2882


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2bc1255e73386564233d6fbc41b4cb49


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/12/2010


meet_title: Westport TC - 28 December 2010


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: westport-tc


meet_racingtype: harness-racing


meet_chair: JPhelan


meet_pm1: SChing


meet_pm2: none


name: Westport TC