Cambridge HRC – 14 January 2005 –
ID: JCA19628
Hearing Type (Code):
harness-racing
Decision: --
An Information was lodged by Stipendiary Steward Mr T Taumanu alleging that Driver Mr P BUTCHER had driven LUCY LOU carelessly
| ---- An Information was lodged by Stipendiary Steward Mr T Taumanu alleging that Driver Mr P BUTCHER had driven LUCY LOU carelessly causing interference to MOTORING CLARE (Driver A GRAYLING)with approximately 1300 metres to run during the running of Race 1. ----Mr Butcher denied the charge and appeared at the hearing ----Mr Muirhead gave evidence of his observations between the 1300 and 1400 metre mark of Lucy Lou travelling 4 wide and improving and about half a length forward of Motoring Clare positioned 3 wide.which in turn was outside Wynberg Star (T Mac Farlane). ----He gave evidence of Mr Butcher's wheel being close to Motoring Clare with Mr Grayling pulling on his right rein in an attempt to give Wynberg Star more room. It appeared to Mr Muirhead that Motoring Clare was brushed by the wheel of Mr Butchers sulky . At this point Motoring Clare Broke up. ----Mr Grayling driver of Motoring Clare gave evidence of his horse breaking inside Lucy Lou after he was squeezed up. He thought he was going to knock Wynberg Star down and was trying to give Mr McFarlane more room. He had his right rein pulled tight in an effort to move out but was being squeezed up by Lucy Lou.immediately before his horse broke ----He admitted to Mr Butcher in cross examination that there had been no contact between them but that he had been tightened for room by Mr Butcher. He conceded that his horse has broken again at a later stage in the race free of interference after jumping a shadow but said his horse had been pacing fine immediately before being tightened by Mr Butcher on his outside. ----In summing up Mr Taumanu said although it was apparent that there was no contact, Mr Grayling was adamant that he had been tightened up by Mr Butcher as Grayling was trying to give Mr McFarlane more room . Motoring Clare simply broke because it had run out of room and the blame lay with Mr Butcher on the outside with room. The later breaking of Motoring Clare had no impact on this charge. ----Mr Butcher in reply said the later breaking of Motoring Clare showed this as a characteristic of the Horse and calmed his driving was not careless ? not blatant stupidity ----DECISION AND REASONS ----The Charge was proven against Mr Butcher. ----Evidence given by Mr Muirhead with reference to Video tapes clearly showed the horses tightening at the 1300 metre mark, with Mr Grayling? trying to keep his horse off Mr McFarlane. Mr Butcher's driving was careless during the event. ----PENALTY ----Mr Taumanu conceded there were mitigating circumstances and with the level of carelessness recommended a fine in the region of $200 to $300 ----Mr Butcher thought that excessive in the context there had been no contact ----A fine of $200 was imposed. |
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Decision Date: 14/01/2005
Publish Date: 14/01/2005
JCA Decision Fields (raw)
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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: 4bd152584829c23d9410720c29c4a111
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 14/01/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Cambridge HRC - 14 January 2005 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--An Information was lodged by Stipendiary Steward Mr T Taumanu alleging that Driver Mr P BUTCHER had driven LUCY LOU carelessly
| ---- An Information was lodged by Stipendiary Steward Mr T Taumanu alleging that Driver Mr P BUTCHER had driven LUCY LOU carelessly causing interference to MOTORING CLARE (Driver A GRAYLING)with approximately 1300 metres to run during the running of Race 1. ----Mr Butcher denied the charge and appeared at the hearing ----Mr Muirhead gave evidence of his observations between the 1300 and 1400 metre mark of Lucy Lou travelling 4 wide and improving and about half a length forward of Motoring Clare positioned 3 wide.which in turn was outside Wynberg Star (T Mac Farlane). ----He gave evidence of Mr Butcher's wheel being close to Motoring Clare with Mr Grayling pulling on his right rein in an attempt to give Wynberg Star more room. It appeared to Mr Muirhead that Motoring Clare was brushed by the wheel of Mr Butchers sulky . At this point Motoring Clare Broke up. ----Mr Grayling driver of Motoring Clare gave evidence of his horse breaking inside Lucy Lou after he was squeezed up. He thought he was going to knock Wynberg Star down and was trying to give Mr McFarlane more room. He had his right rein pulled tight in an effort to move out but was being squeezed up by Lucy Lou.immediately before his horse broke ----He admitted to Mr Butcher in cross examination that there had been no contact between them but that he had been tightened for room by Mr Butcher. He conceded that his horse has broken again at a later stage in the race free of interference after jumping a shadow but said his horse had been pacing fine immediately before being tightened by Mr Butcher on his outside. ----In summing up Mr Taumanu said although it was apparent that there was no contact, Mr Grayling was adamant that he had been tightened up by Mr Butcher as Grayling was trying to give Mr McFarlane more room . Motoring Clare simply broke because it had run out of room and the blame lay with Mr Butcher on the outside with room. The later breaking of Motoring Clare had no impact on this charge. ----Mr Butcher in reply said the later breaking of Motoring Clare showed this as a characteristic of the Horse and calmed his driving was not careless ? not blatant stupidity ----DECISION AND REASONS ----The Charge was proven against Mr Butcher. ----Evidence given by Mr Muirhead with reference to Video tapes clearly showed the horses tightening at the 1300 metre mark, with Mr Grayling? trying to keep his horse off Mr McFarlane. Mr Butcher's driving was careless during the event. ----PENALTY ----Mr Taumanu conceded there were mitigating circumstances and with the level of carelessness recommended a fine in the region of $200 to $300 ----Mr Butcher thought that excessive in the context there had been no contact ----A fine of $200 was imposed. |
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