Archive Decision

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Auckland TC – 4 December 2009 – Race 9

ID: JCA18296

Hearing Type:
Old Hearing

Rules:
869.4

Hearing Type (Code):
harness-racing

Meet Title:
Auckland TC - 4 December 2009

Race Date:
2009/12/04

Race Number:
Race 9

Decision:

This is an information filed by Stipendiary Steward Mr J. Muirhead against Junior Horseman Mr D. Branch driver of FULLA LUCK alleging a breach of the above rule in that FULLA LUCK struck the sulky of ATTENTION SEEKER driven by Mr Z. Butcher with approximately 900m to run.  Rule 869(4).



This is an information filed by Stipendiary Steward Mr J. Muirhead against Junior Horseman Mr D. Branch driver of FULLA LUCK alleging a breach of the above rule in that FULLA LUCK struck the sulky of ATTENTION SEEKER driven by Mr Z. Butcher with approximately 900m to run.  Rule 869(4).

--

Mr Branch admitted the breach after having advice from senior horseman Mr P. Ferguson.  Mr Branch was present at the hearing assisted by Trainer Ms M. Wallis. 

--

Mr Muirhead showed the video film of the incident.  FULLA LUCK was racing four back in the running line approaching the 900m mark when the pace eased.  FULLA LUCK struck the sulky of ATTENTION SEEKER and broke and lost its chance. Mr Muirhead said Mr Branch had ample time to take hold of his horse but didn’t. 

--

Ms Wallis said the horse was inexperienced and was wearing an exceptionally big shadow roll which would not have helped the situation. 

--

The parties agreed that it was raining heavily at the time.

--

Penalty:

--

Mr Muirhead said the offending was mid-range on the scale of seriousness that Mr Branch had no breaches of the Rules recorded against him in the last 12 months and that Mr Branch preferred a fine to a suspension.  Mr Branch confirmed that he would prefer a fine.  Mr Muirhead recommended a fine of $200.00.  Ms Wallis said that she thought that was fair. 

--

In fixing penalty the committee takes into account the guilty plea, that Mr Branch is a junior horseman that the offending is, in fact, mid-range on the scale of seriousness, the mitigating factors referred to, the recommendation of Mr Muirhead and the acceptance of that recommendation by Mr Branch and Ms Wallis.  Balancing all of those matters, the Committee imposes a fine of $200.00.

--

 

--

B. Rowe         G Hall
CHAIR            Committee Member
67734

--


 

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: 005956265af599ef9937758e73ae76b6


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 04/12/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Auckland TC - 4 December 2009 - Race 9


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

This is an information filed by Stipendiary Steward Mr J. Muirhead against Junior Horseman Mr D. Branch driver of FULLA LUCK alleging a breach of the above rule in that FULLA LUCK struck the sulky of ATTENTION SEEKER driven by Mr Z. Butcher with approximately 900m to run.  Rule 869(4).



This is an information filed by Stipendiary Steward Mr J. Muirhead against Junior Horseman Mr D. Branch driver of FULLA LUCK alleging a breach of the above rule in that FULLA LUCK struck the sulky of ATTENTION SEEKER driven by Mr Z. Butcher with approximately 900m to run.  Rule 869(4).

--

Mr Branch admitted the breach after having advice from senior horseman Mr P. Ferguson.  Mr Branch was present at the hearing assisted by Trainer Ms M. Wallis. 

--

Mr Muirhead showed the video film of the incident.  FULLA LUCK was racing four back in the running line approaching the 900m mark when the pace eased.  FULLA LUCK struck the sulky of ATTENTION SEEKER and broke and lost its chance. Mr Muirhead said Mr Branch had ample time to take hold of his horse but didn’t. 

--

Ms Wallis said the horse was inexperienced and was wearing an exceptionally big shadow roll which would not have helped the situation. 

--

The parties agreed that it was raining heavily at the time.

--

Penalty:

--

Mr Muirhead said the offending was mid-range on the scale of seriousness that Mr Branch had no breaches of the Rules recorded against him in the last 12 months and that Mr Branch preferred a fine to a suspension.  Mr Branch confirmed that he would prefer a fine.  Mr Muirhead recommended a fine of $200.00.  Ms Wallis said that she thought that was fair. 

--

In fixing penalty the committee takes into account the guilty plea, that Mr Branch is a junior horseman that the offending is, in fact, mid-range on the scale of seriousness, the mitigating factors referred to, the recommendation of Mr Muirhead and the acceptance of that recommendation by Mr Branch and Ms Wallis.  Balancing all of those matters, the Committee imposes a fine of $200.00.

--

 

--

B. Rowe         G Hall
CHAIR            Committee Member
67734

--


 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.4


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1cbb031efbfbdac09a1cb74a2a0275c9


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 9


submittochair:


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race_km:


race_otherexp:


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race_pm2:


meetid: 804a1e7fb1323c23a1bee57efb465e7a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/12/2009


meet_title: Auckland TC - 4 December 2009


meet_expappcomment:


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tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Auckland TC