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N Z Metro T C 9 November 2010 – R 12

ID: JCA12362

Applicant:
Mr N Escott, Chief Stipendiary Steward

Respondent(s):
Mr M Kerr, Junior Horseman

Information Number:
69328

Hearing Type:
Hearing

Rules:
869(4)

Plea:
admitted

Meet Title:
NZ Metro TC - 9 November 2010

Meet Chair:
JPhelan

Meet Committee Member 1:
RMcKenzie

Race Date:
2010/11/09

Race Number:
R 12

Decision:

As Mr Kerr had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Taking all the above matters we decided that an appropriate penalty in this case was a fine of $400-00 and on resuming the hearing we advised the parties of our decision.
  
Accordingly Mr Kerr was fined the sum of $400-00.
 

Charge:

Careless Driving

Facts:

Following the running of Race 12, the Blue Star Taxis Mobile Pace, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott against Junior Horseman Mr M. P. Kerr alleging a breach of Rule 869(4) in that he drove in a manner likely to cause interference. Mr Kerr is a Junior Horseman and he was assisted at this hearing by his father, Mr P. F. Kerr.
 
The charge reads as follows.
 
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) in that M. P. Kerr drove in a manner causing or likely to cause interference when attempting to shift Hostile Grins (A. M. Butt) wider on the track causing Hostile Grins to break.”
 
Rule 869(4) reads as follows,
 
“(4) 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.”

Submissions for Decision:

There had previously been a protest hearing after which Mr Kerr’s horse “Toledo” (2) was relegated from 3rd to 12th place. It was agreed that the evidence from this hearing would form the basis of this hearing. At that hearing it had been found that Mr Kerr had driven in a manner that had caused interference to “Hostile Grins”.
 
Mr Kerr had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Kerr also agreed that he understood the charge and the Rule it was brought under.

Submissions for Penalty:

In relation to penalty Mr Escott advised that Mr Kerr had a previous conviction for careless driving under Rule 869(3)(b) on 8 October 2010, but no previous convictions under Rule 869(4) in the last 12 months. There were discussions regarding a suspension of Mr Kerr’s Horseman’s licence, and Mr Kerr said that he had driving opportunities in Auckland and Australia in the near future, and that he did not want his licence suspended at this time.
 
Mr Escott made submissions that this was a Premier Race Meeting, and that the stake money payable for this race was $35,000-00. Mr Escott submitted that a fine of between $500-00 and $600-00 would be appropriate in this case.
 
Mr Kerr made submissions that the fine recommended by Mr Escott was a lot and too much for a Junior Horseman in his position.

Reasons for Penalty:

In considering an appropriate penalty in this case we took into account that Mr Kerr had admitted the breach and that he had shown remorse. It was also relevant that he is a Junior Horseman. On that other hand this was a $35,000-00 race, and his driving had resulted in the relegation of his horse. Although this was a Premier Race Meeting this was a supporting race only.

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: 533bfe5e54b102edbc58ebe3cb880c6b

informantnumber: 69328

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 16/11/2010

hearing_title: N Z Metro T C 9 November 2010 - R 12

charge:

Careless Driving

facts:

Following the running of Race 12, the Blue Star Taxis Mobile Pace, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott against Junior Horseman Mr M. P. Kerr alleging a breach of Rule 869(4) in that he drove in a manner likely to cause interference. Mr Kerr is a Junior Horseman and he was assisted at this hearing by his father, Mr P. F. Kerr.
 
The charge reads as follows.
 
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) in that M. P. Kerr drove in a manner causing or likely to cause interference when attempting to shift Hostile Grins (A. M. Butt) wider on the track causing Hostile Grins to break.”
 
Rule 869(4) reads as follows,
 
“(4) 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.”

appealdecision:

isappeal:

submissionsfordecision:

There had previously been a protest hearing after which Mr Kerr’s horse “Toledo” (2) was relegated from 3rd to 12th place. It was agreed that the evidence from this hearing would form the basis of this hearing. At that hearing it had been found that Mr Kerr had driven in a manner that had caused interference to “Hostile Grins”.
 
Mr Kerr had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Kerr also agreed that he understood the charge and the Rule it was brought under.

reasonsfordecision:

Decision:

As Mr Kerr had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

sumissionsforpenalty:

In relation to penalty Mr Escott advised that Mr Kerr had a previous conviction for careless driving under Rule 869(3)(b) on 8 October 2010, but no previous convictions under Rule 869(4) in the last 12 months. There were discussions regarding a suspension of Mr Kerr’s Horseman’s licence, and Mr Kerr said that he had driving opportunities in Auckland and Australia in the near future, and that he did not want his licence suspended at this time.
 
Mr Escott made submissions that this was a Premier Race Meeting, and that the stake money payable for this race was $35,000-00. Mr Escott submitted that a fine of between $500-00 and $600-00 would be appropriate in this case.
 
Mr Kerr made submissions that the fine recommended by Mr Escott was a lot and too much for a Junior Horseman in his position.

reasonsforpenalty:

In considering an appropriate penalty in this case we took into account that Mr Kerr had admitted the breach and that he had shown remorse. It was also relevant that he is a Junior Horseman. On that other hand this was a $35,000-00 race, and his driving had resulted in the relegation of his horse. Although this was a Premier Race Meeting this was a supporting race only.

penalty:

Taking all the above matters we decided that an appropriate penalty in this case was a fine of $400-00 and on resuming the hearing we advised the parties of our decision.
  
Accordingly Mr Kerr was fined the sum of $400-00.
 

hearing_type: Hearing

Rules: 869(4)

Informant: Mr N Escott, Chief Stipendiary Steward

JockeysandTrainer: Mr M Kerr, Junior Horseman

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 2bed51f4b51603aa430c0b68de9eb86c

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 12

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 7636e62d57f70b624d41997f8ab2ceb8

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 09/11/2010

meet_title: NZ Metro TC - 9 November 2010

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair: JPhelan

meet_pm1: RMcKenzie

meet_pm2: none

name: NZ Metro TC