Manawatu HRC 25 May 2017 – R 1 – Chair, Mr T Castles
ID: JCA16942
Meet Title:
Manawatu HRC - 25 May 2017
Meet Chair:
TCastles
Meet Committee Member 1:
NMoffatt
Race Date:
2017/05/25
Race Number:
R 1
Decision:
As the charge was admitted it was deemed proved.
Penalty:
Mr Marshall you are fined $250.00.
Facts:
Driver K Marshall admitted a breach of Rule 869(3)(b) in Race 1 at Manawatu the R & S Floor Coatings Mobile Pace in that he drove the gelding carelessly shifting inwards from the 3 wide position to the 2 wide position causing interference to ZARA BROWN which broke passing the 850 metres.
Rule 869(3)(b) reads:
No horseman in any race shall drive carelessly.
Driver K Marshall confirmed he understood the Rule and his admittance.
Using the available films Mr Muirhead pointed out the incident. At about the 850 metre mark Mr Marshall was travelling 3 wide. Mr D Ferguson driving ZARA BROWN went for a gap and ran out of room and then broke. He indicated Mr Marshall's drive ITSOKBEINGBETTER moving into the 2 wide position when not clear of ZARA BROWN. A slight brushing of wheels between the horses occurred and it was Mr Muirhead's belief that the interference was caused by Mr Marshall not being sufficiently clear when moving into the 2 wide position.
Mr Marshall had no questions.
He informed the committee he had very little room where he was and agreed his movement of the 3 wide position caused the interference. Horses on his outside and behind he agreed, had to take evasive action.
Submissions for Penalty:
Mr Muirhead confirmed that this was Mr Marshall's first breach of the Rule in 12 months. He was an experienced young horseman who is getting a good number of drives. Mr Muirhead asked the committee to take into account his view that the breach was in his opinion below middle range, his record and his admittance. He asked for a fine.
Mr Marshall had no comment except to say with the airport in Auckland being closed because of fog he had to drive to the meeting at considerable expense.
Reasons for Penalty:
In coming to its decision to impose a fine we were mindful of the JCA Guidelines, 10 drive suspension or $500 fine.
However we believed a substantial reduction to that amount be imposed because of Mr Marshall's admittance, his record and the belief the breach was below midrange.
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: b5920066b2e5970fc775e185d86db28a
informantnumber: A2341
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 31/05/2017
hearing_title: Manawatu HRC 25 May 2017 - R 1 - Chair, Mr T Castles
charge:
facts:
Driver K Marshall admitted a breach of Rule 869(3)(b) in Race 1 at Manawatu the R & S Floor Coatings Mobile Pace in that he drove the gelding carelessly shifting inwards from the 3 wide position to the 2 wide position causing interference to ZARA BROWN which broke passing the 850 metres.
Rule 869(3)(b) reads:
No horseman in any race shall drive carelessly.
Driver K Marshall confirmed he understood the Rule and his admittance.
Using the available films Mr Muirhead pointed out the incident. At about the 850 metre mark Mr Marshall was travelling 3 wide. Mr D Ferguson driving ZARA BROWN went for a gap and ran out of room and then broke. He indicated Mr Marshall's drive ITSOKBEINGBETTER moving into the 2 wide position when not clear of ZARA BROWN. A slight brushing of wheels between the horses occurred and it was Mr Muirhead's belief that the interference was caused by Mr Marshall not being sufficiently clear when moving into the 2 wide position.
Mr Marshall had no questions.
He informed the committee he had very little room where he was and agreed his movement of the 3 wide position caused the interference. Horses on his outside and behind he agreed, had to take evasive action.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was deemed proved.
sumissionsforpenalty:
Mr Muirhead confirmed that this was Mr Marshall's first breach of the Rule in 12 months. He was an experienced young horseman who is getting a good number of drives. Mr Muirhead asked the committee to take into account his view that the breach was in his opinion below middle range, his record and his admittance. He asked for a fine.
Mr Marshall had no comment except to say with the airport in Auckland being closed because of fog he had to drive to the meeting at considerable expense.
reasonsforpenalty:
In coming to its decision to impose a fine we were mindful of the JCA Guidelines, 10 drive suspension or $500 fine.
However we believed a substantial reduction to that amount be imposed because of Mr Marshall's admittance, his record and the belief the breach was below midrange.
penalty:
Mr Marshall you are fined $250.00.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr K Marshall - Driver of ITSOKBEINGBETTER
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ab8c0bde05f404d1228bf9f5a2071652
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 539bf823bbcfc9daafc5044b7a4ceba3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/05/2017
meet_title: Manawatu HRC - 25 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TCastles
meet_pm1: NMoffatt
meet_pm2: none
name: Manawatu HRC