Kumeu TC – 27 March 2009 – Race 9
ID: JCA18290
Hearing Type (Code):
harness-racing
Meet Title:
Kumeu TC - 27 March 2009
Race Date:
2009/03/27
Race Number:
Race 9
Decision:
An information filed by Stipendiary Steward Mr B. Van Kan against Mr D. McGowan trainer of ALL MY DREAMZ alleging a breach of Rule 303 (2) in that he misconducted himself in the Stipendiary Steward’s room when he told Stipendiary Steward Mr J. Muirhead to ‘get f*****’.
An information filed by Stipendiary Steward Mr B. Van Kan against Mr D. McGowan trainer of ALL MY DREAMZ alleging a breach of Rule 303 (2) in that he misconducted himself in the Stipendiary Steward’s room when he told Stipendiary Steward Mr J. Muirhead to ‘get f*****’.
--Mr McGowan admitted the breach and was present at the hearing.
--Mr Van Kan said that Mr McGowan had been told that his horse was being warned for its racing manners. The horse had broken twice during the running. The horse was having its first start. Mr McGowan was not happy about his horse being warned and during a discussion about this he used the language referred to. Mr McGowan said that he had been told about the warning by the Club’s Official ‘Runner’. He was upset that he had not been given a reason for the warning and went to the Stipendiary Steward’s room to question the warning. He left the room and was called to come back by Mr Muirhead and then used the language complained of.
--Penalty:
--Mr Van Kan said that Mr McGowan was a professional horseman, this was a serious breach of the rule and he recommended a fine of $500.00. He said Mr McGowan had no relevant breaches of the rules against him. Mr McGowan said he accepted that recommendation as long as it was consistent with other penalties imposed for a breach of this rule. In fixing penalty the committee takes into account the following matters:
--1. The guilty plea.
2. The submissions of Mr Van Kan.
3. The acceptance of those submissions by Mr McGowan.
4. Mr McGowan’s clear record.
5. The recommended starting point which is a fine of $750.00.
Balancing all of those matters the committee imposes a fine of $500.00.
----
B. Rowe
Chairman
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: 0807fc7f38a7cb7a9d435b08f251a7f4
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 27/03/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Kumeu TC - 27 March 2009 - Race 9
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information filed by Stipendiary Steward Mr B. Van Kan against Mr D. McGowan trainer of ALL MY DREAMZ alleging a breach of Rule 303 (2) in that he misconducted himself in the Stipendiary Steward’s room when he told Stipendiary Steward Mr J. Muirhead to ‘get f*****’.
An information filed by Stipendiary Steward Mr B. Van Kan against Mr D. McGowan trainer of ALL MY DREAMZ alleging a breach of Rule 303 (2) in that he misconducted himself in the Stipendiary Steward’s room when he told Stipendiary Steward Mr J. Muirhead to ‘get f*****’.
--Mr McGowan admitted the breach and was present at the hearing.
--Mr Van Kan said that Mr McGowan had been told that his horse was being warned for its racing manners. The horse had broken twice during the running. The horse was having its first start. Mr McGowan was not happy about his horse being warned and during a discussion about this he used the language referred to. Mr McGowan said that he had been told about the warning by the Club’s Official ‘Runner’. He was upset that he had not been given a reason for the warning and went to the Stipendiary Steward’s room to question the warning. He left the room and was called to come back by Mr Muirhead and then used the language complained of.
--Penalty:
--Mr Van Kan said that Mr McGowan was a professional horseman, this was a serious breach of the rule and he recommended a fine of $500.00. He said Mr McGowan had no relevant breaches of the rules against him. Mr McGowan said he accepted that recommendation as long as it was consistent with other penalties imposed for a breach of this rule. In fixing penalty the committee takes into account the following matters:
--1. The guilty plea.
2. The submissions of Mr Van Kan.
3. The acceptance of those submissions by Mr McGowan.
4. Mr McGowan’s clear record.
5. The recommended starting point which is a fine of $750.00.
Balancing all of those matters the committee imposes a fine of $500.00.
----
B. Rowe
Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 303.2
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4bde5e20fc304acd2d9fb80c30871e63
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a1a90628acbe65b630d5b03155153d01
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/03/2009
meet_title: Kumeu TC - 27 March 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kumeu-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Kumeu TC