Whangarei RC 19 June 2021 – R 1 – Chair, Hon J W Gendall QC
ID: JCA15159
Code:
Thoroughbred
Meet Title:
Whangarei RC - 19 June 2021
Meet Chair:
WGendall
Race Date:
2021-06-19 00:00:00.0000000
Race Number:
R 1
Decision:
As the charge was admitted, it was deemed proved.
Penalty:
Mr Bishara is fined $500.00.
Facts:
Following the running of Race 1, the ATLAS QUARRIES maiden, Mr Williamson presented an Information alleging that Mr Bishara committed a breach of Rule 340 in that he misconducted himself when instructing Ms T Newman, the Rider of SELVAVERDE trained by Mr Bishara.
Rule 340 provides:
"A licensed person .... or other person bound by these Rules must not misconduct himself in any manner relating to the conduct of Races or Racing".
Mr Bishara admitted the breach of the Rule.
The essential facts were that the horse was fractious before commencing its preliminary and Mr Bishara was nearby, and in front of the public grandstand. He was heard to call out, in a very loud voice, "Give it a couple under/on the arse" - that is apply the whip to it. Mr Williamson heard this exhortation, and called to Ms Newman "No" - who must have heard this as she did not follow Mr Bishara's instructions. Jockeys are not permitted to strike a horse with the whip other than in a race, and when governed by published Guidelines.
Mr Bishara explained to the Committee that this horse needed "some encouragement", he had never mistreated any of his horses, and felt somewhat aggrieved that he had been unfairly singled out.
Submissions for Penalty:
Mr Williamson said this was unacceptable conduct given by a Trainer and clearly heard by the public. He referred the Committee to a case where a fine of $1,000 was imposed at Taupo on a Trainer for striking a horse with a rope, but accepted that Mr Bishara's breach did not fall into this more serious category. He contended there was a need to deter other Trainers as well as to promote the integrity of Racing to achieve the confidence of the public.
Mr Bishara left the issue of penalty to the Committee.
Reasons for Penalty:
This breach involved unacceptable and inappropriate verbal conduct but did not warrant anything other than a modest fine.
Decision Date: 22/06/2021
Publish Date: 22/06/2021
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: 70c8ddf97107b64321b723a7440bdee1
informantnumber: A14423
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Misconduct
plea: admitted
penaltyrequired: 1
decisiondate: 22/06/2021
hearing_title: Whangarei RC 19 June 2021 - R 1 - Chair, Hon J W Gendall QC
charge:
facts:
Following the running of Race 1, the ATLAS QUARRIES maiden, Mr Williamson presented an Information alleging that Mr Bishara committed a breach of Rule 340 in that he misconducted himself when instructing Ms T Newman, the Rider of SELVAVERDE trained by Mr Bishara.
Rule 340 provides:
"A licensed person .... or other person bound by these Rules must not misconduct himself in any manner relating to the conduct of Races or Racing".
Mr Bishara admitted the breach of the Rule.
The essential facts were that the horse was fractious before commencing its preliminary and Mr Bishara was nearby, and in front of the public grandstand. He was heard to call out, in a very loud voice, "Give it a couple under/on the arse" - that is apply the whip to it. Mr Williamson heard this exhortation, and called to Ms Newman "No" - who must have heard this as she did not follow Mr Bishara's instructions. Jockeys are not permitted to strike a horse with the whip other than in a race, and when governed by published Guidelines.
Mr Bishara explained to the Committee that this horse needed "some encouragement", he had never mistreated any of his horses, and felt somewhat aggrieved that he had been unfairly singled out.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, it was deemed proved.
sumissionsforpenalty:
Mr Williamson said this was unacceptable conduct given by a Trainer and clearly heard by the public. He referred the Committee to a case where a fine of $1,000 was imposed at Taupo on a Trainer for striking a horse with a rope, but accepted that Mr Bishara's breach did not fall into this more serious category. He contended there was a need to deter other Trainers as well as to promote the integrity of Racing to achieve the confidence of the public.
Mr Bishara left the issue of penalty to the Committee.
reasonsforpenalty:
This breach involved unacceptable and inappropriate verbal conduct but did not warrant anything other than a modest fine.
penalty:
Mr Bishara is fined $500.00.
hearing_type: Hearing
Rules: 340
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr N Bishara - Licensed Class A Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c36c07b19f16bb888437df6fc3f8780f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e9d9f5bcf241dcf7f0f9177ad5febb7c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/06/2021
meet_title: Whangarei RC - 19 June 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: WGendall
meet_pm1: none
meet_pm2: none
name: Whangarei RC