Archive Decision

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Auckland TC – 3 March 2006 – Race 1

ID: JCA20604

Hearing Type:
Old Hearing

Rules:
869.3.b

Hearing Type (Code):
harness-racing

Meet Title:
Auckland TC - 3 March 2006

Race Date:
2006/03/03

Race Number:
Race 1

Decision: --

An information lodged by Stipendiary Steward Mr J Muirhead against Mr D Balle, driver of GALLEONS SUNSET alleging a breach of Rule 869(3)(b) ? careless driving



--

DECISION & REASON:

--

An information lodged by Stipendiary Steward Mr J Muirhead against Mr D Balle, driver of GALLEONS SUNSET alleging a breach of Rule 869(3)(b) ? careless driving ? in that he caused his own horse to break when attempting to ease into a trailing position with about 1600m to run and in the process GALLEONS SUNSET striking the sulky wheel of BELLAMS LAST PLAY driven by Mr B Mangos. Mr Balle admitted the breach and was present at the hearing.

--

Mr Muirhead demonstrated the incident by use of the video film. He said Mr Balle attempted to restrain his horse from the parked out position into the trailing position when there was insufficient room to do so. The film showed that Mr Balle realised there was insufficient room and attempted to move his horse outwards, however, BELLAMS LAST PLAY moved out fractionally and contact was made. Mr Muirhead said Mr Balle was at fault in that he had put his horse in a position where it was unable to avoid contact when normal outward movement occurred.

--

Penalty:

--

Mr Muirhead said that Mr Balle had been fined $200 for a breach of the Push-Out rule in October 2005 and $300 for causing interference in November 2005. Mr Muirhead accepted the mitigating circumstances and said that he thought a suspension of two days was appropriate taking into account this was a premier meeting. Mr Balle agreed with those submissions.

--

In fixing penalty the Committee took into account the following-

--
    --
  1. The guilty plea
  2. --
  3. The submissions of Mr Muirhead
  4. --
  5. The submissions of Mr Balle, in particular the mitigating circumstances put forward.
  6. --
  7. Mr Balle's driving record
  8. --
  9. The stake payable for the race - $20,000 ? this was a premier meeting
  10. --
  11. The offending was at the lower end of the scale of seriousness
--

Balancing all those matters, the Committee imposed a suspension of Mr Balle's horseman's licence for two days, that is to the end of racing on the 10th March 2006.

--

 

--

B Rowe                                                                     A Dooley

--

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: aa17cc25d53e8c3cd33c366df2504297


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 03/03/2006


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Auckland TC - 3 March 2006 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

An information lodged by Stipendiary Steward Mr J Muirhead against Mr D Balle, driver of GALLEONS SUNSET alleging a breach of Rule 869(3)(b) ? careless driving



--

DECISION & REASON:

--

An information lodged by Stipendiary Steward Mr J Muirhead against Mr D Balle, driver of GALLEONS SUNSET alleging a breach of Rule 869(3)(b) ? careless driving ? in that he caused his own horse to break when attempting to ease into a trailing position with about 1600m to run and in the process GALLEONS SUNSET striking the sulky wheel of BELLAMS LAST PLAY driven by Mr B Mangos. Mr Balle admitted the breach and was present at the hearing.

--

Mr Muirhead demonstrated the incident by use of the video film. He said Mr Balle attempted to restrain his horse from the parked out position into the trailing position when there was insufficient room to do so. The film showed that Mr Balle realised there was insufficient room and attempted to move his horse outwards, however, BELLAMS LAST PLAY moved out fractionally and contact was made. Mr Muirhead said Mr Balle was at fault in that he had put his horse in a position where it was unable to avoid contact when normal outward movement occurred.

--

Penalty:

--

Mr Muirhead said that Mr Balle had been fined $200 for a breach of the Push-Out rule in October 2005 and $300 for causing interference in November 2005. Mr Muirhead accepted the mitigating circumstances and said that he thought a suspension of two days was appropriate taking into account this was a premier meeting. Mr Balle agreed with those submissions.

--

In fixing penalty the Committee took into account the following-

--
    --
  1. The guilty plea
  2. --
  3. The submissions of Mr Muirhead
  4. --
  5. The submissions of Mr Balle, in particular the mitigating circumstances put forward.
  6. --
  7. Mr Balle's driving record
  8. --
  9. The stake payable for the race - $20,000 ? this was a premier meeting
  10. --
  11. The offending was at the lower end of the scale of seriousness
--

Balancing all those matters, the Committee imposed a suspension of Mr Balle's horseman's licence for two days, that is to the end of racing on the 10th March 2006.

--

 

--

B Rowe                                                                     A Dooley

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.3.b


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 1ff3b237e4f8bf5807ff3ffd6eb2e497


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 1


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meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/03/2006


meet_title: Auckland TC - 3 March 2006


meet_expappcomment:


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tracklocation: auckland-tc


meet_racingtype: harness-racing


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name: Auckland TC