Archive Decision

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Cambridge – Te Awamutu HRC – 24 December 2007 – Race 10

ID: JCA19953

Hearing Type:
Old Hearing

Rules:
869.3.b

Hearing Type (Code):
harness-racing

Meet Title:
Cambridge - Te Awamutu HRC - 24 December 2007

Race Date:
2007/12/24

Race Number:
Race 10

Decision: An information lodged by Stipendiary Steward Mr T Taumanu against Mr M McKendry, driver of BLOSS’S FLAME, alleging a breach of Rule 869 (3) (b) – careless driving,

An information lodged by Stipendiary Steward Mr T Taumanu against Mr M McKendry, driver of BLOSS’S FLAME, alleging a breach of Rule 869 (3) (b) – careless driving, in that he drove his horse carelessly causing interference to INAUGURATION, driven by Ms N Chilcott, with about 150 metres to run.  Mr McKendry admitted the breach and was present at the hearing.

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Stipendiary Steward Mr J Muirhead asked that the evidence adduced at the related protest hearing be accepted as the evidence for this hearing.  Mr McKendry had no objection – the evidence was accepted.  Mr McKendry moved his horse outwards abruptly on the bend into the home straight – contact was made with INAUGURATION which broke and lost its chance.  In explanation, Mr McKendry said BLOSS’S FLAME was wearing a boring pole but had been hanging throughout the race and when he moved it outwards, the horse overreacted and ducked outwards sharply.  It was the first time he had driven the horse.  Mr Muirhead accepted the explanation given.

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PENALTY

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Mr Muirhead said Mr McKendry only had a breach of the push out rule recorded against him in the last 12 months.  He recommended a fine of $300; Mr McKendry accepted the recommendation.  In fixing penalty I take into account the following :

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1.         The guilty plea.

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2.         Mr McKendry’s good driving record.

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3.         The submission of Mr Muirhead.

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4.         The acceptance of that submission by Mr McKendry.

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5.         The mitigating factors which reduce the seriousness of the breach.

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6.         The relegation was not from a dividend bearing place.

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Balancing those matters, I impose a fine of $300.00.

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B J Rowe

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Chairman

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: 51c040deec134bccaf8147761d88357a


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 24/12/2007


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Cambridge - Te Awamutu HRC - 24 December 2007 - Race 10


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

An information lodged by Stipendiary Steward Mr T Taumanu against Mr M McKendry, driver of BLOSS’S FLAME, alleging a breach of Rule 869 (3) (b) – careless driving,

An information lodged by Stipendiary Steward Mr T Taumanu against Mr M McKendry, driver of BLOSS’S FLAME, alleging a breach of Rule 869 (3) (b) – careless driving, in that he drove his horse carelessly causing interference to INAUGURATION, driven by Ms N Chilcott, with about 150 metres to run.  Mr McKendry admitted the breach and was present at the hearing.

--

 

--

Stipendiary Steward Mr J Muirhead asked that the evidence adduced at the related protest hearing be accepted as the evidence for this hearing.  Mr McKendry had no objection – the evidence was accepted.  Mr McKendry moved his horse outwards abruptly on the bend into the home straight – contact was made with INAUGURATION which broke and lost its chance.  In explanation, Mr McKendry said BLOSS’S FLAME was wearing a boring pole but had been hanging throughout the race and when he moved it outwards, the horse overreacted and ducked outwards sharply.  It was the first time he had driven the horse.  Mr Muirhead accepted the explanation given.

--

 

--

PENALTY

--

 

--

Mr Muirhead said Mr McKendry only had a breach of the push out rule recorded against him in the last 12 months.  He recommended a fine of $300; Mr McKendry accepted the recommendation.  In fixing penalty I take into account the following :

--

 

--

1.         The guilty plea.

--

2.         Mr McKendry’s good driving record.

--

3.         The submission of Mr Muirhead.

--

4.         The acceptance of that submission by Mr McKendry.

--

5.         The mitigating factors which reduce the seriousness of the breach.

--

6.         The relegation was not from a dividend bearing place.

--

 

--

Balancing those matters, I impose a fine of $300.00.

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--

 

--

B J Rowe

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.3.b


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ddc628fa8c2f0f7dc2a0308d689fae3b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 10


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meetdate: 24/12/2007


meet_title: Cambridge - Te Awamutu HRC - 24 December 2007


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tracklocation: cambridge-te-awamutu-hrc


meet_racingtype: harness-racing


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name: Cambridge - Te Awamutu HRC