Archive Decision

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Auckland TC – 23 July 2010 – R 8

ID: JCA18471

Hearing Type:
Old Hearing

Rules:
869(4)&(6)(b)(c)

Hearing Type (Code):
harness-racing

Meet Title:
Auckland TC - 23 July 2010

Meet Chair:
tom

Meet Committee Member 1:
tom

Meet Committee Member 2:
tom

Race Date:
2010/07/23

Race Number:
R 8

Decision: --

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant: Mr J Muirhead  Stipendiary Steward

--

Defendant: Mr M McKendry     

--

Information: 68483   

--

Meeting:  Auckland Trotting Club       

--

Date:  23 July 2010             

--

Venue:  Alexandra Park           

--

Race:  8              

--

Rule No: 869 (4) and (6) (b) and (c)          

--

Judicial Committee:  B Rowe, Chairman – B Scott, Committee Member

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Plea:  Admitted               

--

 

--

CHARGE(s): 

--

 Mr McKendry improved HE’S MY HERO outward outside the 1100metre mark attempting to force and / or forcing ALL TIGER driven by Mr D Butcher to race wider on the track this resulting in interference to ALL TIGER causing it to break from its gait and losing its chance.

--

 

--

FACTS:  

--

This charge arose from the associated protest hearing. Both Mr Muirhead and Mr McKendry asked the committee to take the evidence from the protest hearing as being the facts for this hearing. The committee agreed to the request.        

--

                         

--

SUBMISSION(s) ON PENALTY:    

--

Mr Muirhead said Mr McKendry was fined $200 for a breach of the push out rule on 18th June 2010. He said the offending was above the mid-point on the scale of seriousness. He said the JCA guidelines for a breach of rule 869 (4) where a relegation was involved was a fine of $600 and / or 3 weeks suspension. He submitted those penalties were an appropriate starting point.

--

 

--

Mr McKendry said “the least the better” when asked for his submissions.                     

--

                         

--

REASON(s):

--

In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr Muirhead and Mr McKendry, the recommended starting point in the JCA guidelines and the previous breach of the push out rule. The committee views the offending as mid-range on the scale of seriousness and also takes into account the overall good driving record of Mr McKendry.     

--

                         

--

PENALTY:        

--

Balancing the above matters but with emphasis on there being a relegation, a fine of $500 is imposed.

--

 

--

 

--

B Rowe                                    B Scott

--

Chairman                                Committee Member

--

68483

--

 

--

 

--

 

--

 

--

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: 03162e70f512c3908294e789501d6b4b


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 23/07/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Auckland TC - 23 July 2010 - R 8


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant: Mr J Muirhead  Stipendiary Steward

--

Defendant: Mr M McKendry     

--

Information: 68483   

--

Meeting:  Auckland Trotting Club       

--

Date:  23 July 2010             

--

Venue:  Alexandra Park           

--

Race:  8              

--

Rule No: 869 (4) and (6) (b) and (c)          

--

Judicial Committee:  B Rowe, Chairman – B Scott, Committee Member

--

Plea:  Admitted               

--

 

--

CHARGE(s): 

--

 Mr McKendry improved HE’S MY HERO outward outside the 1100metre mark attempting to force and / or forcing ALL TIGER driven by Mr D Butcher to race wider on the track this resulting in interference to ALL TIGER causing it to break from its gait and losing its chance.

--

 

--

FACTS:  

--

This charge arose from the associated protest hearing. Both Mr Muirhead and Mr McKendry asked the committee to take the evidence from the protest hearing as being the facts for this hearing. The committee agreed to the request.        

--

                         

--

SUBMISSION(s) ON PENALTY:    

--

Mr Muirhead said Mr McKendry was fined $200 for a breach of the push out rule on 18th June 2010. He said the offending was above the mid-point on the scale of seriousness. He said the JCA guidelines for a breach of rule 869 (4) where a relegation was involved was a fine of $600 and / or 3 weeks suspension. He submitted those penalties were an appropriate starting point.

--

 

--

Mr McKendry said “the least the better” when asked for his submissions.                     

--

                         

--

REASON(s):

--

In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr Muirhead and Mr McKendry, the recommended starting point in the JCA guidelines and the previous breach of the push out rule. The committee views the offending as mid-range on the scale of seriousness and also takes into account the overall good driving record of Mr McKendry.     

--

                         

--

PENALTY:        

--

Balancing the above matters but with emphasis on there being a relegation, a fine of $500 is imposed.

--

 

--

 

--

B Rowe                                    B Scott

--

Chairman                                Committee Member

--

68483

--

 

--

 

--

 

--

 

--

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869(4)&(6)(b)(c)


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8d6ad82d561239c48060a0f289be13d5


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2dc87fd1d0376ab58dd4b58282f3642d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/07/2010


meet_title: Auckland TC - 23 July 2010


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: tom


meet_pm1: tom


meet_pm2: tom


name: Auckland TC