Archive Decision

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NZ Metro TC 25 March 2011 – R 7

ID: JCA11448

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr P Nairn - driver of MUSGROVE

Information Number:
68948

Hearing Type:
Hearing

Rules:
536(3)(b)869(4) 869(6)(b)and (c)

Plea:
admitted

Meet Title:
NZ Metro TC - 25 March 2011

Meet Chair:
BRowe

Meet Committee Member 1:
JPhelan

Meet Committee Member 2:
RMcKenzie

Race Date:
2011/03/25

Race Number:
R 7

Decision:

The charge was found proved.

Penalty:

Balancing the above matters a fine of $500 is imposed.

Charge:

Horseman P Nairn drove MUSGROVE carelessly causing interference to LETS GET SERIOUS (M Purdon) while moving outwards in breach of the Push Out Rule with 1350metres to run.

Facts:

Mr Muirhead said this was primarily a case of careless driving but also involved interference and a breach of the Push Out Rule. He showed the video films of the incident. MUSGROVE was racing five back on the marker pegs and LETS GET SERIOUS was four back in the running line following SOVEREIGNTY. SOVEREIGNTY improved to a three wide position and Mr Nairn moved MUSGROVE outwards to take up the position vacated by that horse. However, Mr Purdon was already moving LETS GET SERIOUS forward to take up the vacated position. There was contact with the hind leg of LETS GET SERIOUS which broke and galloped for about 90metres losing about six lengths in the process. Mr Muirhead said Mr Nairn had breached the Push Out Rule and made a bad judgment.

Mr Nairn said he had made an error of judgment – he had moved half way out and should have gone back in.

Submissions for Penalty:

Mr Muirhead referred to Rule 1114 (2)(a) and (c). He said this was a heat of the Inter-Dominion Trotting Championship and a Listed Race – there was potentially a consequential effect on LETS GET SERIOUS because of the points for placings condition of the race. He said Mr Nairn had a clear driving record, the recommended starting point for penalty for careless driving in this case was a fine of $600 and or three weeks suspension and the offending was above mid-range. He submitted that a fine of upwards of $600 be imposed.

Mr Nairn said he would prefer a fine rather than a suspension and asked for a penalty that was “consistent”.

Reasons for Penalty:

In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr Muirhead and Mr Nairn, Rule 1114 (2)(a) and (c), Mr Nairn’s clear driving record, the recommended starting point and views the offending as mid-range on the scale of seriousness. We have also taken into account other penalties imposed for careless driving in major races.

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: 1c981db6dcea1c1983bb30bd4f53c7d4


informantnumber: 68948


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/02/2011


hearing_title: NZ Metro TC 25 March 2011 - R 7


charge:

Horseman P Nairn drove MUSGROVE carelessly causing interference to LETS GET SERIOUS (M Purdon) while moving outwards in breach of the Push Out Rule with 1350metres to run.


facts:

Mr Muirhead said this was primarily a case of careless driving but also involved interference and a breach of the Push Out Rule. He showed the video films of the incident. MUSGROVE was racing five back on the marker pegs and LETS GET SERIOUS was four back in the running line following SOVEREIGNTY. SOVEREIGNTY improved to a three wide position and Mr Nairn moved MUSGROVE outwards to take up the position vacated by that horse. However, Mr Purdon was already moving LETS GET SERIOUS forward to take up the vacated position. There was contact with the hind leg of LETS GET SERIOUS which broke and galloped for about 90metres losing about six lengths in the process. Mr Muirhead said Mr Nairn had breached the Push Out Rule and made a bad judgment.

Mr Nairn said he had made an error of judgment – he had moved half way out and should have gone back in.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge was found proved.


sumissionsforpenalty:

Mr Muirhead referred to Rule 1114 (2)(a) and (c). He said this was a heat of the Inter-Dominion Trotting Championship and a Listed Race – there was potentially a consequential effect on LETS GET SERIOUS because of the points for placings condition of the race. He said Mr Nairn had a clear driving record, the recommended starting point for penalty for careless driving in this case was a fine of $600 and or three weeks suspension and the offending was above mid-range. He submitted that a fine of upwards of $600 be imposed.

Mr Nairn said he would prefer a fine rather than a suspension and asked for a penalty that was “consistent”.


reasonsforpenalty:

In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr Muirhead and Mr Nairn, Rule 1114 (2)(a) and (c), Mr Nairn’s clear driving record, the recommended starting point and views the offending as mid-range on the scale of seriousness. We have also taken into account other penalties imposed for careless driving in major races.


penalty:

Balancing the above matters a fine of $500 is imposed.


hearing_type: Hearing


Rules: 536(3)(b)869(4) 869(6)(b)and (c)


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer: Mr P Nairn - driver of MUSGROVE


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 98908197b2d7b5854b1de104acb49e5c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f5fb339df6bf0063caa741f5f3523bb9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/03/2011


meet_title: NZ Metro TC - 25 March 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: BRowe


meet_pm1: JPhelan


meet_pm2: RMcKenzie


name: NZ Metro TC