Franklin Trotting Club 15 April 2011 – R1 (Instigating a Protest)
ID: JCA12143
Decision:
The charge having been admitted is accordingly proven.
Penalty:
Mr McKendry is accordingly fined the sum of $500.00.
Charge:
Breach of Rule 869(3)(b)
Facts:
Following the running of Race 1, an Information was lodged by Stipendiary Stewart Mr JM Muirhead against Driver Mr MW McKendry alleging a breach of Rule 869(3)(b) alleging that Mr McKendry allowed his horse SACCHA MAGUIRE to shift wide on the track near the 950 metre mark forcing JACUZZISUZZI (Driver F Cooney) out onto the sulky of ABIDE WITH ME (Driver K Blakemore) resulting in JACUZZISUZZI being checked and breaking.
Mr McKendry was present at the Hearing and indicated that he did admit the breach.
Rule 869(3)(b) provides:
“No Horseman in any race shall drive carelessly.”
Submissions for Decision:
Mr McKendry accepted the evidence that had been presented in the Protest Hearing and also did not require to see the films again. Mr Muirhead concurred.
Reasons for Decision:
The Committee had looked at the films many times during the Protest Hearing and although the Committee was of the opinion that Mr McKendry had caused the alleged interference, the Committee believes that taking into account the circumstances, the interference was mid range. Mr McKendry has admitted the charge and he does have a good driving record and he is to be given credit for that. The aggravating feature however was that the carelessness had resulted in the relegation of Mr McKendry’s horse as a result of JACUZZISUZZI losing its chance.
The Committee however believes that this matter can be satisfactorily be dealt with by way of a monetary penalty.
Submissions for Penalty:
Mr Muirhead advised this Committee that because the interference had resulted in a relegation then the JCA Guidelines provided for penalty of a fine of $600.00 and/or a suspension for three weeks. Mr Muirhead submitted that the interference was in the mid to upper range of seriousness and also pointed to the fact that Mr McKendry is one of our best Drivers and more should be expected of him. Mr Muirhead did submit that Mr McKendry had a good driving record when one takes into account the number of drives he has each season.
Mr McKendry for his part submitted that he had not done a great deal wrong and that his movement out was gradual. He believed also that he was a victim of the racing manners of JACUZZISUZZI. He submitted that any penalty should be considerably less than that submitted by Mr Muirhead.
Reasons for Penalty:
The Committee had looked at the films many times during the Protest Hearing and although the Committee was of the opinion that Mr McKendry had caused the alleged interference, the Committee believes that taking into account the circumstances, the interference was mid range. Mr McKendry has admitted the charge and he does have a good driving record and he is to be given credit for that. The aggravating feature however was that the carelessness had resulted in the relegation of Mr McKendry’s horse as a result of JACUZZISUZZI losing its chance.
The Committee however believes that this matter can be satisfactorily be dealt with by way of a monetary penalty.
Decision Date: 14/04/2011
Publish Date: 14/04/2011
JCA Decision Fields (raw)
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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: 37bf147d958c16f57e54d290f8a78b3d
informantnumber: 69035
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 14/04/2011
hearing_title: Franklin Trotting Club 15 April 2011 - R1 (Instigating a Protest)
charge:
Breach of Rule 869(3)(b)
facts:
Following the running of Race 1, an Information was lodged by Stipendiary Stewart Mr JM Muirhead against Driver Mr MW McKendry alleging a breach of Rule 869(3)(b) alleging that Mr McKendry allowed his horse SACCHA MAGUIRE to shift wide on the track near the 950 metre mark forcing JACUZZISUZZI (Driver F Cooney) out onto the sulky of ABIDE WITH ME (Driver K Blakemore) resulting in JACUZZISUZZI being checked and breaking.
Mr McKendry was present at the Hearing and indicated that he did admit the breach.
Rule 869(3)(b) provides:
“No Horseman in any race shall drive carelessly.”
appealdecision:
isappeal:
submissionsfordecision:
Mr McKendry accepted the evidence that had been presented in the Protest Hearing and also did not require to see the films again. Mr Muirhead concurred.
reasonsfordecision:
The Committee had looked at the films many times during the Protest Hearing and although the Committee was of the opinion that Mr McKendry had caused the alleged interference, the Committee believes that taking into account the circumstances, the interference was mid range. Mr McKendry has admitted the charge and he does have a good driving record and he is to be given credit for that. The aggravating feature however was that the carelessness had resulted in the relegation of Mr McKendry’s horse as a result of JACUZZISUZZI losing its chance.
The Committee however believes that this matter can be satisfactorily be dealt with by way of a monetary penalty.
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 penalty of a fine of $600.00 and/or a suspension for three weeks. Mr Muirhead submitted that the interference was in the mid to upper range of seriousness and also pointed to the fact that Mr McKendry is one of our best Drivers and more should be expected of him. Mr Muirhead did submit that Mr McKendry had a good driving record when one takes into account the number of drives he has each season.
Mr McKendry for his part submitted that he had not done a great deal wrong and that his movement out was gradual. He believed also that he was a victim of the racing manners of JACUZZISUZZI. He submitted that any penalty should be considerably less than that submitted by Mr Muirhead.
reasonsforpenalty:
The Committee had looked at the films many times during the Protest Hearing and although the Committee was of the opinion that Mr McKendry had caused the alleged interference, the Committee believes that taking into account the circumstances, the interference was mid range. Mr McKendry has admitted the charge and he does have a good driving record and he is to be given credit for that. The aggravating feature however was that the carelessness had resulted in the relegation of Mr McKendry’s horse as a result of JACUZZISUZZI losing its chance.
The Committee however believes that this matter can be satisfactorily be dealt with by way of a monetary penalty.
penalty:
Mr McKendry is accordingly fined the sum of $500.00.
hearing_type: Hearing
Rules: 869(3)(b)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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