Auckland TC – 31 December 2009 – Race 8
ID: JCA18340
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 31 December 2009
Race Date:
2009/12/31
Race Number:
Race 8
Decision:
AUCKLAND TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--THURSDAY 31ST DECEMBER 2009
--JCA PANEL: B. Rowe – Chairman, B. Scott
--RACE NO: 8 INFORMATION NO: 68465 RULE NO: 867
--This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr G. Small driver of MATAI MIES alleging a breach of the above rule in that he drove his horse with a foot out of the foot rest during the run home for approximately 100m.
AUCKLAND TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--THURSDAY 31ST DECEMBER 2009
--JCA PANEL: B. Rowe – Chairman, B. Scott
--RACE NO: 8 INFORMATION NO: 68465 RULE NO: 867
--This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr G. Small driver of MATAI MIES alleging a breach of the above rule in that he drove his horse with a foot out of the foot rest during the run home for approximately 100m.
--Mr Small denied the breach and was present at the hearing.
--Mr Muirhead showed the video film of the incident. He said that just after the entrance to the home straight Mr Small’s right foot came out of the sulky rest and he continued driving the horse before putting his foot back in the sulky rest. This happened again in the home straight and closer to the winning post Mr Small’s left foot came out of the sulky rest and again he continued driving the horse before putting his foot back in the sulky rest. Mr Muirhead said Mr Small had used this situation to get purchase and emphasised that Mr Small had not lifted his foot back into the sulky rest immediately.
--Mr Small said that on the first occasion he became unbalanced when getting around LANCOME which had gone into a break and after that when he moved in the sulky his foot had slipped out. He also said that the top of his hip got sore when in this position and meant he could not immediately replace his foot in the sulky rest. Both Mr Muirhead and Mr Small summed up in accordance with the evidence they had given.
--Decision and Reasons:
--The film clearly shows that on two occasions Mr Small’s right foot came out of the sulky rest and on one occasion his left foot came out of the sulky rest. On each occasion he continued driving the horse with the whip prior to replacing his foot in the sulky rest. The Rule requires that the driver’s feet are in the sulky rests at all times throughout the race. Mr Small should have immediately replaced his foot in the sulky rest when it came out before continuing to drive out his horse.
--The charge is proven.
--Penalty:
--Mr Muirhead said that Mr Small had no relevant breaches of the Rules recorded against him and he recommended the standard fine of $100.00.
--Mr Small accepted that recommendation.
--In fixing penalty the committee takes into account Mr Small’s clear driving record, the recommendation of Mr Muirhead and the acceptance of it by Mr Small. The recommended starting point penalty is in fact $100.00. The mitigating factors are taken into account as well. However, this is a clear cut breach of the Rule and a fine of $100.00 is imposed.
--
B. Rowe
CHAIR
68465
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: 03f813f67fe3ca8c6a671477b4c7784c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 31/12/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 31 December 2009 - Race 8
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
AUCKLAND TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--THURSDAY 31ST DECEMBER 2009
--JCA PANEL: B. Rowe – Chairman, B. Scott
--RACE NO: 8 INFORMATION NO: 68465 RULE NO: 867
--This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr G. Small driver of MATAI MIES alleging a breach of the above rule in that he drove his horse with a foot out of the foot rest during the run home for approximately 100m.
AUCKLAND TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--THURSDAY 31ST DECEMBER 2009
--JCA PANEL: B. Rowe – Chairman, B. Scott
--RACE NO: 8 INFORMATION NO: 68465 RULE NO: 867
--This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr G. Small driver of MATAI MIES alleging a breach of the above rule in that he drove his horse with a foot out of the foot rest during the run home for approximately 100m.
--Mr Small denied the breach and was present at the hearing.
--Mr Muirhead showed the video film of the incident. He said that just after the entrance to the home straight Mr Small’s right foot came out of the sulky rest and he continued driving the horse before putting his foot back in the sulky rest. This happened again in the home straight and closer to the winning post Mr Small’s left foot came out of the sulky rest and again he continued driving the horse before putting his foot back in the sulky rest. Mr Muirhead said Mr Small had used this situation to get purchase and emphasised that Mr Small had not lifted his foot back into the sulky rest immediately.
--Mr Small said that on the first occasion he became unbalanced when getting around LANCOME which had gone into a break and after that when he moved in the sulky his foot had slipped out. He also said that the top of his hip got sore when in this position and meant he could not immediately replace his foot in the sulky rest. Both Mr Muirhead and Mr Small summed up in accordance with the evidence they had given.
--Decision and Reasons:
--The film clearly shows that on two occasions Mr Small’s right foot came out of the sulky rest and on one occasion his left foot came out of the sulky rest. On each occasion he continued driving the horse with the whip prior to replacing his foot in the sulky rest. The Rule requires that the driver’s feet are in the sulky rests at all times throughout the race. Mr Small should have immediately replaced his foot in the sulky rest when it came out before continuing to drive out his horse.
--The charge is proven.
--Penalty:
--Mr Muirhead said that Mr Small had no relevant breaches of the Rules recorded against him and he recommended the standard fine of $100.00.
--Mr Small accepted that recommendation.
--In fixing penalty the committee takes into account Mr Small’s clear driving record, the recommendation of Mr Muirhead and the acceptance of it by Mr Small. The recommended starting point penalty is in fact $100.00. The mitigating factors are taken into account as well. However, this is a clear cut breach of the Rule and a fine of $100.00 is imposed.
--
B. Rowe
CHAIR
68465
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2a1bcbd749f02ed888f1fdd331177726
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5b93d3aacad3b05a71f63c342b4e822f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/12/2009
meet_title: Auckland TC - 31 December 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Auckland TC