Cambridge – Te Awamutu HRC – 20 March 2008 –

hearingid: 9fd49f346638be821cd2a070f6660874

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 20/03/2008

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Cambridge - Te Awamutu HRC - 20 March 2008 -

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Stipe            Stipendiary Steward Mr T TAUMANU lodged an information following race 11 alleging that Driver G SMITH drove MATTS C                  CHRIMAR in a manner capable of diminishing the chance of his horse winning when he miscounted the rounds of that race.

Stipendiary Steward Mr T TAUMANU lodged an information following race 11 alleging that Driver G SMITH drove MATTS CHRIMAR in a manner capable of diminishing the chance of his horse winning when he miscounted the rounds of that race.

          Mr SMITH was present for the hearing and admitted the charge.

          Stipendiary Steward Mr J MUIRHEAD gave evidence and referred to video footage of the relevant part of the race which was over 2700 metres

          With approximately 1700 metres to run Mr SMITH followed Mr HERLIHY (SUPREME JENCOL) as he moved three wide to improve in front of Mr ALEXANDER (BINGHAM).  Mr Smith followed which put him four wide and in doing so breached the pushout rule.

          Mr Herlihy urged his horse forward and Mr SMITH came off his back with 1200 metres to run and began hitting Matts Chrimar vigorously towards the line having miscounted and believing the race had 200 metres to run.

          He then realised late that he has miscounted and   spent the remainder of the race working on his horse trying to keep up with the pack and finished up in 6^th place.

         Mr Muirhead in referring to the breach of the push out rule said he had elected to include the details in the summary rather than lay a separate charge

        Mr SMITH agreed with the evidence given to the hearing, and said that it was an embarrassing mistake on his part and that he should have known better.

           In submissions on penalty Mr Muirhead asked for the recommended penalty of two weeks suspension and a $500 fine.  Mr Smith said he was going on holiday for about 10 days but was intending on driving in the Flying Stakes on the 28^th March and The Derby the 4th April and wished to avert any suspension during that period as they were pretty big drives for him

           Mr Taumanu in response said it was a very embarrassing matter for Mr Smith but by the same token he had responsibilities to the betting public and as a professional should have known better.  He appreciated Mr Smith’s candid responses before the enquiry and was comfortable with the prospect of doubling the fine to $1000.00 in lieu of any suspension because of the importance of the up coming races to Mr Smith.

          Mr Smith said he was happy with this option.

          A copy of Mr Smith’s previous driving record was provided with nothing relevant to this charge.

            I am particularly mindful that the betting public wager on, and the connections of a horse entering a race engage a driver to perform a standard of driving that within the rules of Harness Racing will guide that horse to perform to its ability.  Sadly for them this did not occur.

           Taking into account all matters heard during the hearing and previously covered, including the submissions by both parties which have a consensus of avoiding a generally accepted suspension period as part of the penalty the fine deemed acceptable by both parties is imposed.

        Mr Smith is fined $1000.00

         Jeff Holloway

        Chairman 

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules:

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: