Archive Decision
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Auckland TC 29 April 2011- R9
ID: JCA11355
Meet Title:
Auckland TC - 29 April 2011
Meet Chair:
BScott
Meet Committee Member 1:
GHall
Race Date:
2011/04/29
Race Number:
R9
Decision:
The charge having been admitted is accordingly proven.
Penalty:
Mr Nairn’s Horseman’s License is accordingly suspended from today up to and including the 20th of May 2011 which is seven driving days.
Charge:
Following the running of Race 9 an Information was lodged by Stipendiary Steward Mr JM Muirhead against Driver Mr PC Nairn alleging a breach of Rule 869(4) and Clause 4 of the Passing Lane Regulations alleging that Mr Nairn as the Driver of MUSGROVE failed to maintain as straight a course as possible when leading into the straight allowing full access into the passing lane during the run home.
Mr Nairn was present at the Hearing and indicated to this Committee that he did admit the breach.
Rule 869(4) provides:
“No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress”.
Clause 4 of the Passing Lane Regulations provides:
“In the last lap of any race the leading horse on the Running Line shall, upon entering the Home Straight maintain as straight a course as possible parallel to the Running Line and allow the trailing horses full access to the expanded inside lane”.
Facts:
The evidence presented in the Protest Hearing was accepted although the films were shown again. Mr Muirhead confirmed the inwards movement on MUSGROVE as was shown in the films and noted that Mr Nairn admitted the charge.
Mr Nairn acknowledged admitting the charge but did say that MUSGROVE was a difficult horse to drive and that the horse did drift into the passing lane and he thought that he had only been in the passing lane for a short time and that he had endeavoured to move out of it quickly. He was not aware of any other horse behind or inside him and he said that Mr Mangos had not pushed his horse up along the passing lane.
Submissions for Penalty:
Mr Muirhead advised this Committee that because the interference had resulted in a relegation then the JCA Guidelines provided for a penalty of a fine of $600 and/or a suspension for three weeks. He said that on the 25th of March 2011 Mr Nairn had been fined $500 for a charge of careless driving and that the Committee should take this into account. He said that the offending was in the medium to high range because despite moving into the passing lane Mr Nairn had continued to drive his horse out to the finish. Mr Muirhead said that the Stipendiary Stewards recommended a suspension of Mr Nairn’s license for a minimum of three weeks.
Mr Nairn for his part accepted that there would be a suspension of his license but asked that it be deferred until after the following Tuesday the 3rd of May because he had a runner starting at that Meeting. It was established that Drivers had not been declared for that Meeting and did not need to be declared until Sunday the 1st of May.
Reasons for Penalty:
The Committee has looked at the films numerous times during the Protest Hearing and again during this Hearing. The charge has been admitted and the Committee must take into account the fine imposed upon Mr Nairn on the 25th of March 2011. The Committee also notes that Mr Nairn made no effort to correct his horse and continued to drive to the finish and that his actions resulted in the relegation of his horse. The Committee believes that this matter can be dealt with by way of a suspension of Mr Nairn’s license.
JCA Decision Fields (raw)
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hearingid: 17bbb56113fb1335673ab1bb5f25498c
startdate: no date provided
hearing_title: Auckland TC 29 April 2011- R9
charge:
Following the running of Race 9 an Information was lodged by Stipendiary Steward Mr JM Muirhead against Driver Mr PC Nairn alleging a breach of Rule 869(4) and Clause 4 of the Passing Lane Regulations alleging that Mr Nairn as the Driver of MUSGROVE failed to maintain as straight a course as possible when leading into the straight allowing full access into the passing lane during the run home.
Mr Nairn was present at the Hearing and indicated to this Committee that he did admit the breach.
Rule 869(4) provides:
“No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress”.
Clause 4 of the Passing Lane Regulations provides:
“In the last lap of any race the leading horse on the Running Line shall, upon entering the Home Straight maintain as straight a course as possible parallel to the Running Line and allow the trailing horses full access to the expanded inside lane”.
facts:
The evidence presented in the Protest Hearing was accepted although the films were shown again. Mr Muirhead confirmed the inwards movement on MUSGROVE as was shown in the films and noted that Mr Nairn admitted the charge.
Mr Nairn acknowledged admitting the charge but did say that MUSGROVE was a difficult horse to drive and that the horse did drift into the passing lane and he thought that he had only been in the passing lane for a short time and that he had endeavoured to move out of it quickly. He was not aware of any other horse behind or inside him and he said that Mr Mangos had not pushed his horse up along the passing lane.
Decision:
The charge having been admitted is accordingly proven.
sumissionsforpenalty:
Mr Muirhead advised this Committee that because the interference had resulted in a relegation then the JCA Guidelines provided for a penalty of a fine of $600 and/or a suspension for three weeks. He said that on the 25th of March 2011 Mr Nairn had been fined $500 for a charge of careless driving and that the Committee should take this into account. He said that the offending was in the medium to high range because despite moving into the passing lane Mr Nairn had continued to drive his horse out to the finish. Mr Muirhead said that the Stipendiary Stewards recommended a suspension of Mr Nairn’s license for a minimum of three weeks.
Mr Nairn for his part accepted that there would be a suspension of his license but asked that it be deferred until after the following Tuesday the 3rd of May because he had a runner starting at that Meeting. It was established that Drivers had not been declared for that Meeting and did not need to be declared until Sunday the 1st of May.
reasonsforpenalty:
The Committee has looked at the films numerous times during the Protest Hearing and again during this Hearing. The charge has been admitted and the Committee must take into account the fine imposed upon Mr Nairn on the 25th of March 2011. The Committee also notes that Mr Nairn made no effort to correct his horse and continued to drive to the finish and that his actions resulted in the relegation of his horse. The Committee believes that this matter can be dealt with by way of a suspension of Mr Nairn’s license.
penalty:
Mr Nairn’s Horseman’s License is accordingly suspended from today up to and including the 20th of May 2011 which is seven driving days.
Rules: 869(4) and Cl 4 Passing Lane Regulations
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr P Nairn - Licensed Horseman
raceid: e2eb76372fb933b27f1ab7388e9a34e1
meetid: d4b2a40a36f8eb96466dfde352dc31ad
meet_title: Auckland TC - 29 April 2011
tracklocation: auckland-tc
meet_racingtype: harness-racing
