Archive Decision

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Manawatu HRC 24 February 2011 – R 8

ID: JCA12553

Applicant:
T Taumanu

Respondent(s):
M Kerr - represented by B Mangos

Information Number:
69107

Hearing Type:
Hearing

Rules:
869 (2) (c)

Plea:
admitted

Meet Title:
Manawatu HRC - 24 February 2011

Meet Chair:
TCastles

Meet Committee Member 1:
NMcCutcheon

Race Date:
2011/02/24

Race Number:
R8

Decision:

The charge was found proved.

Penalty:

Mr Kerr you are fined the sum of $150.00.

Charge:

Alledged breach of rule 869 (2) (c).

Facts:

Mr M.Kerr admitted a breach of rule 869 (2) (c) in that he projected his whip outside the confines of the sulky in the run home.

Reasons for Decision:

All available films clearly showed Mr Kerr’s whip being projected outside the confines of the sulky.

Mr Mangos representing Mr Kerr agreed the films said it all.

Submissions for Penalty:

Mr Taumanu told the committee Mr Kerr was a junior driver starting to get quite a number of drives. He felt the breach was at the lower end of the scale as no horses were travelling on Mr Kerr's outside and it certainly didn’t inconvenience anyone.
Mr. Mangos asked the committee to take into account Mr Kerr's record, he had not been charged under this rule before and he had obtained a large number of drives at the two day meeting.  He agreed that no other horses were inconvenienced.
Mr Taumanu asked for a monetary penalty of $200.00.

Reasons for Penalty:

In coming to our decision to impose a find for this breach we have, Mr Kerr, taken into account your driving record and your admittance of the breach.

We believe also, although the whip was projected outside the confines of the sulky, it did not result in any inconvenience to other horses.

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: 37345493ea3c4e59c5cc8ca0fd9703a1


informantnumber: 69107


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/02/2011


hearing_title: Manawatu HRC 24 February 2011 - R 8


charge:

Alledged breach of rule 869 (2) (c).


facts:

Mr M.Kerr admitted a breach of rule 869 (2) (c) in that he projected his whip outside the confines of the sulky in the run home.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:

All available films clearly showed Mr Kerr’s whip being projected outside the confines of the sulky.

Mr Mangos representing Mr Kerr agreed the films said it all.


Decision:

The charge was found proved.


sumissionsforpenalty:

Mr Taumanu told the committee Mr Kerr was a junior driver starting to get quite a number of drives. He felt the breach was at the lower end of the scale as no horses were travelling on Mr Kerr's outside and it certainly didn’t inconvenience anyone.
Mr. Mangos asked the committee to take into account Mr Kerr's record, he had not been charged under this rule before and he had obtained a large number of drives at the two day meeting.  He agreed that no other horses were inconvenienced.
Mr Taumanu asked for a monetary penalty of $200.00.


reasonsforpenalty:

In coming to our decision to impose a find for this breach we have, Mr Kerr, taken into account your driving record and your admittance of the breach.

We believe also, although the whip was projected outside the confines of the sulky, it did not result in any inconvenience to other horses.


penalty:

Mr Kerr you are fined the sum of $150.00.


hearing_type: Hearing


Rules: 869 (2) (c)


Informant: T Taumanu


JockeysandTrainer: M Kerr - represented by B Mangos


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: c45f6f27646fb643342712ca16ee216b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3b87bbb81ec5825e2aa5c60c5c2660d1


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/02/2011


meet_title: Manawatu HRC - 24 February 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "TCastles", "Member": "", "OtherExpenses": "0", "KMs": "206", "Total": "127.72", "kmprice": 127.72, "Approved": "on"}]


meet_otherexp:


tracklocation: manawatu-hrc


meet_racingtype: harness-racing


meet_chair: TCastles


meet_pm1: NMcCutcheon


meet_pm2: none


name: Manawatu HRC