NZ Metro TC 29 July 2012 – R 2
ID: JCA13795
Meet Title:
NZ Metro TC - 29 July 2012
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/07/29
Race Number:
R2
Decision:
As Mr Murtha had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr Murtha was fined the sum of $300.
Charge:
Careless Driving
Facts:
Following the running of Race 2, the Bishopdale-Bush Inn TAB Amateur Drivers Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren against Amateur Horseman Mr S P Murtha alleging a breach of Rule 869(3)(b) in that he drove carelessly when driving “Cloudy Beach”.
The charge reads as follows:
I, the above named informant allege that the abovenamed Defendant committed a breach of Rule 869(3)(b) in that you drove carelessly when allowing “Cloudy Beach” to shift inwards when not clear of “Motu Just In Time” which broke near the 2300m.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Submissions for Decision:
Mr Murtha had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Murtha also agreed that he understood the charge and the Rule it was brought under.
The evidence submitted at the relative successful protest hearing was accepted by all parties to this hearing. This evidence showed Mr Murtha (Cloudy Beach) shifting ground inwards when not clear of “Motu Just In Time”, causing that horse to break and lose all chance, near the 2300m.
Submissions for Penalty:
Mr Ydgren informed the Committee that Mr Murtha had a clear record and was a relatively experienced amateur driver. He also submitted that credit should be given for his ready admission of the breach. He stated that the Committee should take into consideration the consequences of Mr Murtha’s actions, in that, due to the interference, a horse had broken and lost all chance, as well as his own drive being disqualified from 3rd place.
Mr Ydgren submitted that a fine in the vicinity of $300 be imposed.
Mr Murtha submitted that his good record should be taken into consideration and that the penalty should reflect that. He also stated that a fine of $300 was plenty for an amateur driver.
Reasons for Penalty:
In determining penalty, the Committee took into account as a mitigating factor Mr Murtha’s ready admission of the breach and his good record. Aggravating factors the Committee took consideration of were the fact that “Motu Just In Time’s” chances had been extinguished because of his actions and that had further resulted in the disqualification of his drive, “Cloudy Beach” from 3rd place. We considered that a fine was appropriate and after looking at penalties imposed for similar breaches ordered that a fine of $300 be imposed.
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: 66687f84aab22365b38605a888100239
informantnumber: A5189
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 26/07/2012
hearing_title: NZ Metro TC 29 July 2012 - R 2
charge:
Careless Driving
facts:
Following the running of Race 2, the Bishopdale-Bush Inn TAB Amateur Drivers Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren against Amateur Horseman Mr S P Murtha alleging a breach of Rule 869(3)(b) in that he drove carelessly when driving “Cloudy Beach”.
The charge reads as follows:
I, the above named informant allege that the abovenamed Defendant committed a breach of Rule 869(3)(b) in that you drove carelessly when allowing “Cloudy Beach” to shift inwards when not clear of “Motu Just In Time” which broke near the 2300m.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
appealdecision:
isappeal:
submissionsfordecision:
Mr Murtha had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Murtha also agreed that he understood the charge and the Rule it was brought under.
The evidence submitted at the relative successful protest hearing was accepted by all parties to this hearing. This evidence showed Mr Murtha (Cloudy Beach) shifting ground inwards when not clear of “Motu Just In Time”, causing that horse to break and lose all chance, near the 2300m.
reasonsfordecision:
Decision:
As Mr Murtha had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Ydgren informed the Committee that Mr Murtha had a clear record and was a relatively experienced amateur driver. He also submitted that credit should be given for his ready admission of the breach. He stated that the Committee should take into consideration the consequences of Mr Murtha’s actions, in that, due to the interference, a horse had broken and lost all chance, as well as his own drive being disqualified from 3rd place.
Mr Ydgren submitted that a fine in the vicinity of $300 be imposed.
Mr Murtha submitted that his good record should be taken into consideration and that the penalty should reflect that. He also stated that a fine of $300 was plenty for an amateur driver.
reasonsforpenalty:
In determining penalty, the Committee took into account as a mitigating factor Mr Murtha’s ready admission of the breach and his good record. Aggravating factors the Committee took consideration of were the fact that “Motu Just In Time’s” chances had been extinguished because of his actions and that had further resulted in the disqualification of his drive, “Cloudy Beach” from 3rd place. We considered that a fine was appropriate and after looking at penalties imposed for similar breaches ordered that a fine of $300 be imposed.
penalty:
Mr Murtha was fined the sum of $300.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr S P Murtha - Advanced Amateur Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5a56ad37ef1eb8ebe04a7fb1196a8c02
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1524c293e80791d06c2c73e43be2642f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/07/2012
meet_title: NZ Metro TC - 29 July 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC