Archive Decision

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Auckland TC – 3 April 2009 – Race 10

ID: JCA19148

Hearing Type:
Old Hearing

Rules:
869.3.b

Hearing Type (Code):
harness-racing

Meet Title:
Auckland TC - 3 April 2009

Race Date:
2009/04/03

Race Number:
Race 10

Decision:

Following Race 10 an Information was filed pursuant to Rule 869(3) (b).  The Informant, Stipendiary Steward Mr J Muirhead alleged that horseman B Mangos drove DUNCAN FINN carelessly causing interference to ASAFA POWELL (M White) racing into the first bend.



Following Race 10 an Information was filed pursuant to Rule 869(3) (b).  The Informant, Stipendiary Steward Mr J Muirhead alleged that horseman B Mangos drove DUNCAN FINN carelessly causing interference to ASAFA POWELL (M White) racing into the first bend.
Mr Mangos did not admit the breach of the rule and was present during the hearing.
Mr Muirhead demonstrated the incident by use of the video films and he was able to show the incident to us from several different angles.
Mr Muirhead showed DUNCAN FINN, who had drawn barrier four, being driven vigorously out of the mobile attempting to gain the lead going into the first bend from ASAFA POWELL who had drawn barrier one racing on his inner.  He showed the inward movement from DUNCAN FINN and said that this horse moved in when not clear and took the line of, and interfered with ASAFA POWELL, who had run out of sufficient racing room, causing it to hit a marker peg, break, losing 3 lengths from the incident.  He stated Mr Mangos pulled his horses head out, but it was too late.
Mr Muirhead then called Mr White the driver of ASAFA POWELL to give evidence.  He had difficulty in giving direct answers to questions put forward to him by Mr Muirhead.  In summing up Mr White stated he thought there was enough room for his horse, he said his horse was green and inexperienced, but conceded that he was racing in a tight position with his horse having its front feet inside Mr Mangos sulky wheel at the point of the interference.
Mr Mangos said he was racing on the outside of ASAFA POWELL going into the first bend and noticed Mr White’s horse put in a couple of rough strides and jump out of his gear.  It was then Mr Mangos said he pressed onto the front, he stated he did not make contact with ASAFA POWELL.
Mr Muirhead reminded Mr Mangos that there does not have to be contact to cause interference.
Decision
The Committee are satisfied from viewing of the films Mr Mangos horse moved inwards leaving insufficient room for Asafa Powell causing its sulky wheel to hit a marker, break and lose 3 lengths. It was noted that when Mr Mangos pulled his horses head outward, he had dictated ASAFA POWELL’s rightful running line, this was confirmed by the video film which we reviewed in slow motion.  We find the charge proven.
Penalty
Mr Muirhead said Mr Mangos had no previous charges in the last 12 months.  He referred to the JCA guidelines and suggested a $400 fine was appropriate.  He said the offending was at the mid to lower range of seriousness.
Mr Mangos declined to make submissions.
In fixing penalty, the Committee takes into account the following:
1  Submissions of Mr Muirhead
2  The offending was mid to lower range on the scale of seriousness
3  The JCA Guidelines
4  Mr Mangos’ excellent record.
Balancing all those matters, particularly his excellent driving record the Committee impose a $300 fine on this occasion.

--

A Dooley                                                                           B Rowe
Chair                                                                                  Panelist

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: 27f1648dea4bea6f88bee1cdd82b60ef


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 03/04/2009


newcharge:


plea:


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decisiondate: no date provided


hearing_title: Auckland TC - 3 April 2009 - Race 10


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following Race 10 an Information was filed pursuant to Rule 869(3) (b).  The Informant, Stipendiary Steward Mr J Muirhead alleged that horseman B Mangos drove DUNCAN FINN carelessly causing interference to ASAFA POWELL (M White) racing into the first bend.



Following Race 10 an Information was filed pursuant to Rule 869(3) (b).  The Informant, Stipendiary Steward Mr J Muirhead alleged that horseman B Mangos drove DUNCAN FINN carelessly causing interference to ASAFA POWELL (M White) racing into the first bend.
Mr Mangos did not admit the breach of the rule and was present during the hearing.
Mr Muirhead demonstrated the incident by use of the video films and he was able to show the incident to us from several different angles.
Mr Muirhead showed DUNCAN FINN, who had drawn barrier four, being driven vigorously out of the mobile attempting to gain the lead going into the first bend from ASAFA POWELL who had drawn barrier one racing on his inner.  He showed the inward movement from DUNCAN FINN and said that this horse moved in when not clear and took the line of, and interfered with ASAFA POWELL, who had run out of sufficient racing room, causing it to hit a marker peg, break, losing 3 lengths from the incident.  He stated Mr Mangos pulled his horses head out, but it was too late.
Mr Muirhead then called Mr White the driver of ASAFA POWELL to give evidence.  He had difficulty in giving direct answers to questions put forward to him by Mr Muirhead.  In summing up Mr White stated he thought there was enough room for his horse, he said his horse was green and inexperienced, but conceded that he was racing in a tight position with his horse having its front feet inside Mr Mangos sulky wheel at the point of the interference.
Mr Mangos said he was racing on the outside of ASAFA POWELL going into the first bend and noticed Mr White’s horse put in a couple of rough strides and jump out of his gear.  It was then Mr Mangos said he pressed onto the front, he stated he did not make contact with ASAFA POWELL.
Mr Muirhead reminded Mr Mangos that there does not have to be contact to cause interference.
Decision
The Committee are satisfied from viewing of the films Mr Mangos horse moved inwards leaving insufficient room for Asafa Powell causing its sulky wheel to hit a marker, break and lose 3 lengths. It was noted that when Mr Mangos pulled his horses head outward, he had dictated ASAFA POWELL’s rightful running line, this was confirmed by the video film which we reviewed in slow motion.  We find the charge proven.
Penalty
Mr Muirhead said Mr Mangos had no previous charges in the last 12 months.  He referred to the JCA guidelines and suggested a $400 fine was appropriate.  He said the offending was at the mid to lower range of seriousness.
Mr Mangos declined to make submissions.
In fixing penalty, the Committee takes into account the following:
1  Submissions of Mr Muirhead
2  The offending was mid to lower range on the scale of seriousness
3  The JCA Guidelines
4  Mr Mangos’ excellent record.
Balancing all those matters, particularly his excellent driving record the Committee impose a $300 fine on this occasion.

--

A Dooley                                                                           B Rowe
Chair                                                                                  Panelist


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hearing_type: Old Hearing


Rules: 869.3.b


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