NZ Metro TC – 21 May 2010 – R 4

hearingid: 1f4dbeafad9a518d4c3daf7fc6880cfa

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 21/05/2010

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: NZ Metro TC - 21 May 2010 - R 4

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr N R Escott – Chief Stipendiary Steward

Defendant:  Mr N R McGrath – Open Horseman

Information No:  68971

Meeting:  New Zealand Metropolitan Trotting Club

Date:  21 May 2010

Venue:  Addington Raceway

Race:  4 - Mortlock McCormick Law Mobile Pace

Rule No:  857 (7)(g)

Judicial Committee:  J M Phelan, Chairman – R G McKenzie, L N McCutcheon, Committee Members 

Plea:  Admitted

CHARGE:

Chief Stipendiary Steward Mr N. R. Escott filed an Information against Open Horseman Mr N. R. McGrath alleging a breach of Rule 857(7)(g).  It was alleged that Mr McGrath, the driver of “Limited Edition” (9), in Race 4, the Mortlock McCormick Law Mobile Pace, failed to maintain his position behind the mobile.  The information reads as follows.

“I the abovenamed Informant allege that the abovenamed Defendant committed a        breach of Rule 857(7)(g) in that N. R. McGrath (Limited Edition) failed to maintain        his position behind the mobile when puling back prior to the dispatch.”

Rule 857(7)(g) reads as follows.

“(7) No horseman shall:-

            (g) fail to come up into and/or maintain his position.”

Mr McGrath had endorsed on the information that this breach of the Rules was admitted, and also that he did not wish to attend the hearing

FACTS:

Mr Escott gave evidence and used video coverage to show that “Limited Edition” had drawn the outside of the front line in the mobile start event.  Mr McGrath never had his horse up on the mobile arm as required, and when the race started he was about two lengths back.    

DECISION:

As Mr McGrath had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

SUBMISSIONS ON PENALTY:

In relation to penalty the Stipendiary Stewards advised that Mr McGrath had no previous relevant convictions, and as he had admitted the breach, submitted that a fine of $200-00 should be imposed in this case. 

When endorsing the information Mr McGrath had written – “To (sic) much” – under the amount of the fine to be recommended.

REASONS:

We adjourned to consider the matter of an appropriate penalty.  We looked at the Penalty Guide which recommends a starting point of $250-00 for a breach of this Rule.  We also looked at penalties imposed for similar breaches of this Rule.  We were satisfied, in line with previous penalties imposed for similar breaches of this Rule, that the submissions made by the Stipendiary Stewards as to the amount of the fine was appropriate.  Unfortunately Mr McGrath did not attend the hearing to explain why he considered that a fine of $200-00 was too much.

PENALTY:

Accordingly Mr McGrath was fined the sum of $200-00.

J M Phelan                   R G McKenzie and L N McCutcheon

CHAIR                         Committee Members

68971

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 857(7)(g)

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 3a9d041c6eb7e35cce43964c5580966a

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 4

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: a77f6e025f38e78e76e56377aced0ff8

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 21/05/2010

meet_title: NZ Metro TC - 21 May 2010

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair: tom

meet_pm1: tom

meet_pm2: tom

name: NZ Metro TC