Geraldine TC – 1 December 2007 –

hearingid: 3ac20864bce731c6a5901bc7096596ed

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hearing_racingtype: harness-racing

startdate: 01/12/2007

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hearing_title: Geraldine TC - 1 December 2007 -

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Following the running of race 8 an information was lodged by the Stipendiary Stewards instigating a charge against Mr A Veint, CRONADUN under rule 869 (3) (b) alleging that Mr Veint drove carelessly in the run home when allowing CRONADUN to shift outwards

Following the running of race 8 an information was lodged by the Stipendiary Stewards instigating a charge against Mr A Veint, CRONADUN under rule 869 (3) (b) alleging that Mr Veint drove carelessly in the run home when allowing CRONADUN to shift outwards causing ED’S DREAM driven by D Pascoe to break and lose all chance. The relevant rule reads:

At the outset of the hearing Mr Veint confirmed that the charge was not admitted and that he was to be assisted by Mr P Jones.

The Committee prior to the hearing of the charge sought the agreement of all parties that the evidence given at the protest hearing would be incorporated into the careless driving charge. Both parties agreed.

Mr McIntyre, for the Informant, said that he had really nothing further to add to the evidence except that in his view Mr Veint was careless in allowing his horse to move outwards further than was necessary and coming in to contact with ED’S DREAM causing that horse to break and lose all chance.

Mr P Jones, on behalf of the Defendant, asked to question Mrs K Williams in respect of the incident, however, the Committee decline to allow him to do that and instead requested Mrs Williams to simply give a summary of her evidence which she did. In essence she said that from her observations there were two incidence, the first one caused by Mr Williamson movement outward and the second one caused by the movement outwards of Mr Veint which caused the interference to ED’S DREAM. Mr P Jones said that in his view the sole cause of the interference was the movement outwards of Mr Williamson’s horse and the movement out by the horse causing interference to ED’S DREAM was a result of the inside movement. He was unable to, with the assistance of the video evidence, to show the Committee the continuation of the movement as alleged.

The Committee, after giving careful consideration to the evidence presented at the protest hearing and the statements made at the careless driving hearing, is of the view that the charge is found proven and finds as matters of fact:

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• That the final movement out by CRONADUN causing interference to ED’S DREAM was due to Mr Veint allowing his horse to move out further than was necessary. --
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• The sole cause of the interference was the movement outwards by CRONADUN. --

Accordingly, the charge is found proven. In respect of penalty the Stipendiary Stewards advised the Committee that Mr Veint had no similar charges over the last 12 months and this was confirmed by Mr Veint. Th Stipendiary Stewards sought a monetary penalty only and Mr Veint agreed with that submission. The Committee that accepts on this occasion a monetary penalty only is appropriate, and, accordingly Mr Veint is fined the sum of $200.00.

B Coombes

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hearing_type: Old Hearing

Rules: 869.3.b

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