NZ Metro TC – 2 September 2005 –
ID: JCA20778
Hearing Type (Code):
harness-racing
Decision: --
Following the running of Race 5, the Robbie's Bar & Bistro Barrington Mall Mobile Pace, an information was laid by Stipendiary Steward Mr N. McIntyre against Mr D. Moore the driver of "Barbara Wren" (11) alleging that Mr Moore had committed a breach of Rule 869(4).
| -- DECISION AND REASONS: --Following the running of Race 5, the Robbie's Bar & Bistro Barrington Mall Mobile Pace, an information was laid by Stipendiary Steward Mr N. McIntyre against Mr D. Moore the driver of "Barbara Wren" (11) alleging that Mr Moore had committed a breach of Rule 869(4). The charge reads as follows. ------"I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) and Passing Lane and Home Straight Regulation, in that D. Moore allowed Barbara Wren to run out in the run home checking Millwood Ashley (M. P. Jones)." --Rule 869(4) reads as follows. ---- -- "No horseman nor any horse shall during any race do anything which --interferes or is likely to interfere with any other horseman and/or horse or its progress." --Mr Moore had indicated on the information that he did not admit the --breach of this rule, and he confirmed this at the hearing. --There had been a previous Protest hearing and the parties agreed that the evidence from that hearing would be used for the purposes of this hearing. --Mr McIntyre gave evidence that this charge had been brought because Mr Moore had allowed his horse to run out in the straight with resultant interference being caused to Mr Jones's horse. --Mr Moore said that his horse was difficult to keep straight. --We retired to consider our decision. --The video coverage and the evidence clearly showed that Mr Moore had allowed his horse to run out and that this was the direct cause of the interference to Jones's horse. On returning to the Enquiry Room we advised the parties that we had found the charge to be proved. --PENALTY: Mr McIntyre advised that Mr Moore had no previous relevant convictions. We were also advised that Mr Moore has very few drives, amounting to about 1 ? 2 drives per month. A suspension for 5 driving days was recommended. --The option of a fine was raised with Mr McIntyre but he did not agree that a fine was appropriate. Mr Moore also advised that he would prefer a suspension, and he did not dispute the 5 days suggested. It was also established that Mr Moore only drove at local race meetings. --After hearing submissions on penalty we decided that Mr Moore's horseman's licence would be suspended from after the completion of racing on 2 September 2005 until after the completion of racing on 25 September 2005, which is effectively a 5 day suspension. ---- Chairman ----
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Decision Date: 02/09/2005
Publish Date: 02/09/2005
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: 90a5629cff2a712a2923773543322b8f
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 02/09/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 2 September 2005 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 5, the Robbie's Bar & Bistro Barrington Mall Mobile Pace, an information was laid by Stipendiary Steward Mr N. McIntyre against Mr D. Moore the driver of "Barbara Wren" (11) alleging that Mr Moore had committed a breach of Rule 869(4).
| -- DECISION AND REASONS: --Following the running of Race 5, the Robbie's Bar & Bistro Barrington Mall Mobile Pace, an information was laid by Stipendiary Steward Mr N. McIntyre against Mr D. Moore the driver of "Barbara Wren" (11) alleging that Mr Moore had committed a breach of Rule 869(4). The charge reads as follows. ------"I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) and Passing Lane and Home Straight Regulation, in that D. Moore allowed Barbara Wren to run out in the run home checking Millwood Ashley (M. P. Jones)." --Rule 869(4) reads as follows. ---- -- "No horseman nor any horse shall during any race do anything which --interferes or is likely to interfere with any other horseman and/or horse or its progress." --Mr Moore had indicated on the information that he did not admit the --breach of this rule, and he confirmed this at the hearing. --There had been a previous Protest hearing and the parties agreed that the evidence from that hearing would be used for the purposes of this hearing. --Mr McIntyre gave evidence that this charge had been brought because Mr Moore had allowed his horse to run out in the straight with resultant interference being caused to Mr Jones's horse. --Mr Moore said that his horse was difficult to keep straight. --We retired to consider our decision. --The video coverage and the evidence clearly showed that Mr Moore had allowed his horse to run out and that this was the direct cause of the interference to Jones's horse. On returning to the Enquiry Room we advised the parties that we had found the charge to be proved. --PENALTY: Mr McIntyre advised that Mr Moore had no previous relevant convictions. We were also advised that Mr Moore has very few drives, amounting to about 1 ? 2 drives per month. A suspension for 5 driving days was recommended. --The option of a fine was raised with Mr McIntyre but he did not agree that a fine was appropriate. Mr Moore also advised that he would prefer a suspension, and he did not dispute the 5 days suggested. It was also established that Mr Moore only drove at local race meetings. --After hearing submissions on penalty we decided that Mr Moore's horseman's licence would be suspended from after the completion of racing on 2 September 2005 until after the completion of racing on 25 September 2005, which is effectively a 5 day suspension. ---- Chairman ----
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sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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