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Avondale JC 23 April 2010 - R 7



638(3)(b)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  A Coles

Defendant:  H Kasim

Information No:  156

Meeting:  Avondale Jockey Club

Date:  23rd April 2010

Venue:  Avondale

Race:  7

Rule No:  638(3)(b)

Judicial Committee:  Jeff Holloway, Chairman – Brian Tims, Committee Member 

 

 

FACTS:

Apprentice Jockey Mr Kasim appeared before the Committee having admitted the breach.  He was supported by Trainer Mr D DWYER

 

Stipendiary Steward Mr J OATHAM referred to video footage of Race 7 and identified Mr Kasim on his mount SPECTALEEN.  From the 400 metre mark Mr Kasim struck his horse with the whip 13 times before abating.

 

SUBMISSION(s):

Mr Coles submitted Mr Kasim’s actions were clearly excessive and placed his offending at mid range.

 

Mr Dwyer agreed with the facts and said that Mr Kasim had got “a little bit excited”

 

DECISION:

Having admitted the breach the Committee found the charge proven

 

SUBMISSION(s) ON PENALTY:

Stipendiary Steward Mr A COLES submitted a fine in the range of $200 to $300 was appropriate taking into account the offending was in the mid range of seriousness and Mr Kasim’s otherwise good riding record.

 

Mr Dwyer in response said that he thought the fine submissions were fair.

 

REASON(s):

In deciding on an appropriate penalty the Committee took into account

Mr Kasim’s good riding record, his early plea of guilt, the JCA penalty guidelines and recent penalty decisions, and the fact the offending was assessed as mid range in offending.

 

PENALTY:

Mr Kasim was fined $250.00

 

 

Jeff Holloway               Brian Tims

CHAIR                          Committee Member

Judicial Control Authority

26th April 2010

156

 

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