Archive Decision

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Invercargill HRC 8 November 2020 – R 4 – Chair, Mr N Skelt

ID: JCA12669

Applicant:
Mr V Munro - Stipendiary Steward

Respondent(s):
Mr K McNaught - Junior Driver

Other Person:
Mr A Armour - Open Driver assisting Mr McNaught, Mr S Renault - Stipendiary Steward

Information Number:
A12745

Hearing Type:
Hearing

New Charge:
Forced another runner over the marker line

Rules:
869(7A)(c)

Plea:
admitted

Meet Title:
Invercargill HRC - 8 November 2020

Meet Chair:
NSkelt

Race Date:
2020/11/08

Race Number:
R 4

Decision:

Mr McNaught having admitted the breach, the charge was found proved.

Penalty:

Mr McNaught is fined the sum of $250.

Facts:

Following the running of Race 4 (no deposit) only $80 a month trot 2200m an Information was filed by Stipendiary Steward Mr V Munro alleging Junior Driver K McNaught (The Power Broker) shifted inwards racing into the first bend forcing Emdeegee (M Williamson) to contact the track markers and lose his chance.

Mr McNaught confirmed he understood the rule and also re confirmed his admittance of the breach.

Mr McNaught was supported by Mr A Armour (Open Driver) throughout the hearing.

Rule 869 (7A)

Every Driver who moves inwards shall ensure

(c)-That the movement does not cause any other driver, horse or sulky to contact any track marker or protrude inside the marker line

Mr Munro asked Mr Renault to highlight the incident using the various video clips. Mr Renault showed the inwards movement of the Power Broker down onto Emdeegee.

Mr Renault also highlighted Kiwi Heir (R Mcllwrick) the stablemate of The Power Broker who was racing on the outside of The Power Broker alleging that Kiwi Heir did not contribute to the incident.

Mr Armour speaking on behalf of Mr McNaught stated that it had been a minor error of judgement from Mr McNaught, as his horse in his opinion was proving difficult to drive and that Kiwi Heir may have dictated his line.

Mr McNaught agreed with Mr Armour’s statement.

Submissions for Penalty:

Mr Munro told the Committee that Mr McNaught was a Junior Driver.

He has had 7 drives to date this current season and last season had 58 drives and 171 lifetime drives.

He has had a clear record under this rule.

Mr Munro referred to the penalty guide starting point is a six drive suspension or a $300 fine.

He submitted that Mr McNaught had an excellent driving record, and had admitted the breach and he would be seeking a fine of between $200 to $250.

Mr Armour confirmed he though the breach was at the low end of the scale, and that he contested that Kiwi Heir in his opinion may have contributed to the incident.

Mr McNaught had no submissions on penalty.

Reasons for Penalty:

The penalty guide starting point for this breach is $300. The Committee has given Mr McNaught credit for his admittance of the breach and his excellent driving record.

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: 472b706f22d5e8e134fe0f029dccfa5c


informantnumber: A12745


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Forced another runner over the marker line


plea: admitted


penaltyrequired: 1


decisiondate: 10/11/2020


hearing_title: Invercargill HRC 8 November 2020 - R 4 - Chair, Mr N Skelt


charge:


facts:

Following the running of Race 4 (no deposit) only $80 a month trot 2200m an Information was filed by Stipendiary Steward Mr V Munro alleging Junior Driver K McNaught (The Power Broker) shifted inwards racing into the first bend forcing Emdeegee (M Williamson) to contact the track markers and lose his chance.

Mr McNaught confirmed he understood the rule and also re confirmed his admittance of the breach.

Mr McNaught was supported by Mr A Armour (Open Driver) throughout the hearing.

Rule 869 (7A)

Every Driver who moves inwards shall ensure

(c)-That the movement does not cause any other driver, horse or sulky to contact any track marker or protrude inside the marker line

Mr Munro asked Mr Renault to highlight the incident using the various video clips. Mr Renault showed the inwards movement of the Power Broker down onto Emdeegee.

Mr Renault also highlighted Kiwi Heir (R Mcllwrick) the stablemate of The Power Broker who was racing on the outside of The Power Broker alleging that Kiwi Heir did not contribute to the incident.

Mr Armour speaking on behalf of Mr McNaught stated that it had been a minor error of judgement from Mr McNaught, as his horse in his opinion was proving difficult to drive and that Kiwi Heir may have dictated his line.

Mr McNaught agreed with Mr Armour’s statement.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr McNaught having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Munro told the Committee that Mr McNaught was a Junior Driver.

He has had 7 drives to date this current season and last season had 58 drives and 171 lifetime drives.

He has had a clear record under this rule.

Mr Munro referred to the penalty guide starting point is a six drive suspension or a $300 fine.

He submitted that Mr McNaught had an excellent driving record, and had admitted the breach and he would be seeking a fine of between $200 to $250.

Mr Armour confirmed he though the breach was at the low end of the scale, and that he contested that Kiwi Heir in his opinion may have contributed to the incident.

Mr McNaught had no submissions on penalty.


reasonsforpenalty:

The penalty guide starting point for this breach is $300. The Committee has given Mr McNaught credit for his admittance of the breach and his excellent driving record.


penalty:

Mr McNaught is fined the sum of $250.


hearing_type: Hearing


Rules: 869(7A)(c)


Informant: Mr V Munro - Stipendiary Steward


JockeysandTrainer: Mr K McNaught - Junior Driver


Otherperson: Mr A Armour - Open Driver assisting Mr McNaught, Mr S Renault - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 7ccf53f80da07589a9470a8c7d8a5ab3


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


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meetdate: 08/11/2020


meet_title: Invercargill HRC - 8 November 2020


meet_expappcomment:


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tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


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name: Invercargill HRC