Archive Decision

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Auckland TC 18 March 2011 – R 9

ID: JCA12053

Applicant:
Mr NM Ydgren - Stipendiary Steward

Respondent(s):
Mr M McKendry - driver of TURISMO

Information Number:
68945

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
denied

Meet Title:
Auckland TC - 18 March 2011

Meet Chair:
BRowe

Meet Committee Member 1:
JHolloway

Race Date:
2011/03/18

Race Number:
R 9

Decision:

For the above reasons the charge is proved.

Penalty:

Balancing those matters and with emphasis on the driving record of Mr McKendry, a fine of $250 is imposed.

Charge:

Careless driving.

Facts:

Horseman M McKendry drove carelessly when allowing TURISMO to contact the sulky of JAMBO EMALI resulting in checks to SEVEN WISHES and PURE POWER passing the 1500 metres.

Submissions for Decision:

Mr Ydgren showed and interpreted the video films of the incident. He said TURISMO was following JAMBO EMALI, ran into its sulky, broke and caused checks to SEVEN WISHES and PURE POWER. He said Mr McKendry was not having any difficulty controlling TURISMO.

Mr McKendry said there had been a “quick” easing of the pace and JAMBO EMALI had moved slightly outwards. He said the front leg of TURISMO hit the mudguard on the sulky of JAMBO EMALI.

Mr Ydgren said that if there was any easing of the pace that did not cause TURISMO to run into the sulky of JAMBO EMALI.

Reasons for Decision:

The film is quite clear. Initially TURISMO was about one length behind the sulky of JAMBO EMALI and then closed that gap to be hard up behind the sulky for four or five strides before hitting the sulky mudguard. Mr McKendry had time to restrain TURISMO but did not do so. We accept the evidence of Mr Ydgren.

Submissions for Penalty:

Mr Ydgren said Mr McKendry had no careless driving breaches recorded against him, the recommended starting point was a fine of $400 and/or 2 weeks suspension and the offending was at the lower end of the scale. He submitted that a fine of $250 be imposed.

Mr McKendry accepted those submissions.

Reasons for Penalty:

In fixing penalty the committee takes into account the submissions of Mr Ydgren and the acceptance of them by Mr McKendry, the recommended starting point, the very good driving record of Mr McKendry and agrees the offending is at the lower end of the scale.

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: 2c43b21ccfdb75445b430554ee451691


informantnumber: 68945


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 24/02/2011


hearing_title: Auckland TC 18 March 2011 - R 9


charge:

Careless driving.


facts:

Horseman M McKendry drove carelessly when allowing TURISMO to contact the sulky of JAMBO EMALI resulting in checks to SEVEN WISHES and PURE POWER passing the 1500 metres.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren showed and interpreted the video films of the incident. He said TURISMO was following JAMBO EMALI, ran into its sulky, broke and caused checks to SEVEN WISHES and PURE POWER. He said Mr McKendry was not having any difficulty controlling TURISMO.

Mr McKendry said there had been a “quick” easing of the pace and JAMBO EMALI had moved slightly outwards. He said the front leg of TURISMO hit the mudguard on the sulky of JAMBO EMALI.

Mr Ydgren said that if there was any easing of the pace that did not cause TURISMO to run into the sulky of JAMBO EMALI.


reasonsfordecision:

The film is quite clear. Initially TURISMO was about one length behind the sulky of JAMBO EMALI and then closed that gap to be hard up behind the sulky for four or five strides before hitting the sulky mudguard. Mr McKendry had time to restrain TURISMO but did not do so. We accept the evidence of Mr Ydgren.


Decision:

For the above reasons the charge is proved.


sumissionsforpenalty:

Mr Ydgren said Mr McKendry had no careless driving breaches recorded against him, the recommended starting point was a fine of $400 and/or 2 weeks suspension and the offending was at the lower end of the scale. He submitted that a fine of $250 be imposed.

Mr McKendry accepted those submissions.


reasonsforpenalty:

In fixing penalty the committee takes into account the submissions of Mr Ydgren and the acceptance of them by Mr McKendry, the recommended starting point, the very good driving record of Mr McKendry and agrees the offending is at the lower end of the scale.


penalty:

Balancing those matters and with emphasis on the driving record of Mr McKendry, a fine of $250 is imposed.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr NM Ydgren - Stipendiary Steward


JockeysandTrainer: Mr M McKendry - driver of TURISMO


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 22eaeab09120a3918726132758c71e58


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ed4c44aa928a969f8f418c13ed9a752c


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/03/2011


meet_title: Auckland TC - 18 March 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "301", "Total": "186.62", "kmprice": 186.62, "Approved": "on"}]


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BRowe


meet_pm1: JHolloway


meet_pm2: none


name: Auckland TC