Archive Decision

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Manukau TC – 13 November 2009 – Race 1

ID: JCA21633

Hearing Type:
Old Hearing

Hearing Type (Code):
harness-racing

Meet Title:
Manukau TC - 13 November 2009

Race Date:
2009/11/13

Race Number:
Race 1

Decision:

This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr F. Cooney driver of MONEY BAG alleging a breach of the above rule in that he drove the horse where there was insufficient room between HEART ACHE and TAKEOVA causing MONEY BAG to break with approximately 300m to run and thereby losing its chance. 



This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr F. Cooney driver of MONEY BAG alleging a breach of the above rule in that he drove the horse where there was insufficient room between HEART ACHE and TAKEOVA causing MONEY BAG to break with approximately 300m to run and thereby losing its chance.

--

Mr Cooney admitted the breach and was present at the hearing. 

--

Mr Muirhead showed the video film of the incident which supported the allegations in the information. 

--

Mr Cooney said he had ‘slapped up’ the horse but it was not going as good as he thought and he had to then avoid SUNJON driven by Mr G. Robb.  He took hold of MONEY BAG which went out of its gait. 

--

Penalty:

--

Mr Muirhead said there was no specific recommended starting point for penalty.  He said the offending was akin to careless driving.  The offending was mid to lower end on the scale of seriousness, Mr Cooney had no breaches of the rules recorded against him in the last 12 months.  He recommended a fine in the vicinity $250.00 - $500.00. 

--

Mr Cooney said he thought the offending was at the lower end of the scale and that he had not interferred with any other horse and he doubted if MONEY BAG had a chance of getting into a stake bearing position. 

--

In fixing penalty the Committee takes into account the guilty plea, Mr Cooney’s excellent driving record, the submissions of both Mr Muirhead and Mr Cooney and that the offending was in fact mid to lower end on the scale of seriousness.  It is correct there is no specific recommended starting point in the penalty guidelines, but the offending is similar to causing interference to another horse where the recommended starting point is a fine of $400.00 and/or two weeks suspension.  Balancing all of those matters, but with particular emphasis on the relative non-seriousness of the offending and Mr Cooney’s excellent driving record, a fine of $250.00 is imposed.

--

 

--

B. Rowe
CHAIR
67729

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: e0046511e3350e8ec86202dc8cba2df0


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 13/11/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Manukau TC - 13 November 2009 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr F. Cooney driver of MONEY BAG alleging a breach of the above rule in that he drove the horse where there was insufficient room between HEART ACHE and TAKEOVA causing MONEY BAG to break with approximately 300m to run and thereby losing its chance. 



This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr F. Cooney driver of MONEY BAG alleging a breach of the above rule in that he drove the horse where there was insufficient room between HEART ACHE and TAKEOVA causing MONEY BAG to break with approximately 300m to run and thereby losing its chance.

--

Mr Cooney admitted the breach and was present at the hearing. 

--

Mr Muirhead showed the video film of the incident which supported the allegations in the information. 

--

Mr Cooney said he had ‘slapped up’ the horse but it was not going as good as he thought and he had to then avoid SUNJON driven by Mr G. Robb.  He took hold of MONEY BAG which went out of its gait. 

--

Penalty:

--

Mr Muirhead said there was no specific recommended starting point for penalty.  He said the offending was akin to careless driving.  The offending was mid to lower end on the scale of seriousness, Mr Cooney had no breaches of the rules recorded against him in the last 12 months.  He recommended a fine in the vicinity $250.00 - $500.00. 

--

Mr Cooney said he thought the offending was at the lower end of the scale and that he had not interferred with any other horse and he doubted if MONEY BAG had a chance of getting into a stake bearing position. 

--

In fixing penalty the Committee takes into account the guilty plea, Mr Cooney’s excellent driving record, the submissions of both Mr Muirhead and Mr Cooney and that the offending was in fact mid to lower end on the scale of seriousness.  It is correct there is no specific recommended starting point in the penalty guidelines, but the offending is similar to causing interference to another horse where the recommended starting point is a fine of $400.00 and/or two weeks suspension.  Balancing all of those matters, but with particular emphasis on the relative non-seriousness of the offending and Mr Cooney’s excellent driving record, a fine of $250.00 is imposed.

--

 

--

B. Rowe
CHAIR
67729


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules:


Informant:


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Otherperson:


PersonPresent:


Respondent:


StipendSteward:


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race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 1


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meet_emailed2: 0


meetdate: 13/11/2009


meet_title: Manukau TC - 13 November 2009


meet_expappcomment:


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tracklocation: manukau-tc


meet_racingtype: harness-racing


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name: Manukau TC