Kumeu TC – 25 March 2010 –

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startdate: 25/03/2010

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hearing_title: Kumeu TC - 25 March 2010 -

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KUMEU DISTRICT TROTTING CLUB INC.

RACEDAY JUDICIAL COMMITTEE DECISIONS

THURSDAY 25TH MARCH 2010

JCA PANEL: BJ Scott – Chairman,  JN Holloway – Committee
  
RACE NO:     7 INFORMATION NO: 68446  RULE NO:   869(4)

An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Junior Horseman Mr R Downey as the Driver of He’s My Hero caused interference to Asafa Powell (Driver G Robb) and Flem N Em (Driver S Lawson) with 500 metres to run.

KUMEU DISTRICT TROTTING CLUB INC.

RACEDAY JUDICIAL COMMITTEE DECISIONS

THURSDAY 25TH MARCH 2010

JCA PANEL: BJ Scott – Chairman,  JN Holloway – Committee
  
RACE NO:     7 INFORMATION NO: 68446  RULE NO:   869(4)

An Information was lodged by Stipendiary Steward Mr JM Muirhead alleging that Junior Horseman Mr R Downey as the Driver of He’s My Hero caused interference to Asafa Powell (Driver G Robb) and Flem N Em (Driver S Lawson) with 500 metres to run.

Mr Downey admitted the breach and advised this Committee that he wished to be present at the hearing.  Mr Downey was supported by Senior Horseman Mr P Ferguson.

Rule 869(4) states “no horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress”.

The Rule was read to Mr Downey and he acknowledged that he understood it.

Mr Muirhead gave evidence and demonstrated the incident by use of the video films.  He showed that prior to the 500 metre mark that Mr Downey was racing three wide and back in the field. On the inside of him was Mr Robb’s horse and on the inside of him was Mr Lawson.  Mr Muirhead showed how Mr Downey moved in and interfered with Mr Robb’s horse causing it to break with resulting interference to Mr Lawson’s horse.

Mr Muirhead said that prior to the incident Mr Downey had chased his horse up and then he pulled the ear plugs and his horse came in on Asafa Powell causing that horse to break.

Mr Muirhead also said that Mr Downey’s horse had hung in previously on the bends so that Mr Downey would have been pre warned that this might happen again.

Mr Downey was given the opportunity to cross examine Mr Muirhead and he said that Mr Muirhead had pretty much said what had happened. 

Mr Downey did say that his horse does have quarter cracks and is a bit sore and might have been feeling it at the time of the incident.

PENALTY SUBMISSIONS

Mr Muirhead said that the JCA Guidelines provide for a fine of $400.00 and that was what he was seeking.  He said that although Mr Downey is a Junior Horseman his actions caused interference to two horses.  Mr Muirhead said that if Mr Downey preferred a suspension of his licence that such suspension should be at least for two days.

On Mr Downey’s behalf Mr Ferguson said that Mr Downey should be given credit for admitting the breach and also for the fact that he is a Junior Horseman.  Mr Ferguson said that the incident was not race altering in that he did not think that Asafa Powell and Flem N Em were racing very well and that their chances were not affected.  Mr Ferguson suggested that a fine of $400.00 was up at the top of the range and that it was excessive for this type incident.

DECISION

Mr Downey has pleaded guilty and accordingly the charge is proven.  He is given credit for the fact that he has admitted the breach and also for the fact that he is a Junior Horseman.    It was pointed out to Mr Downey however that he is a very experienced Junior Horseman and in his career he has had in excess of 650 drives.

Mr Ferguson on his behalf has said that the incident was not race altering and that the chances of the two other horses involved had not been affected.  This Committee does not agree with that because Asafa Powell has won twice in its last four starts and Flem N Em has won twice in its last five starts.  The Committee notes that Flem N Em has been racing in stronger fields than this.

The Committee looks at this matter as being in mid range but does note that the chances of two horses were affected at a vital stage of the race.  The Committee also notes that Mr Downey was fined for causing interference in February of this year and the Committee takes the opportunity to point out to Mr Downey he needs to be careful in the future.

The Committee is aware of the JCA Guidelines and also existing penalties in terms of the Penalty Schedule available to it.

In arriving at penalty the Committee has taken into account the matters that Mr Downey has been given credit for as set out above but has also taken into account the aggravating features of this incident.  In assessing all of these matters the Committee imposes a fine of $300.00 on Mr Downey.

BJ Scott               JN Holloway   
Chairman            Committee Member
68446   

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Rules: 869(4)

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