Cambridge – Te Awamutu HRC – 3 May 2007 – Race 1
ID: JCA21900
Hearing Type (Code):
harness-racing
Meet Title:
Cambridge - Te Awamutu HRC - 3 May 2007
Race Date:
2007/05/03
Race Number:
Race 1
Decision: --
An information lodged by Stipendiary Steward Mr T Taumanu against Mr G Martin, driver of PATIENT SPIRIT, alleging a breach of Rule 869 (4) ? doing anything which is likely to interfere with any other horse
--
An information lodged by Stipendiary Steward Mr T Taumanu against Mr G Martin, driver of PATIENT SPIRIT, alleging a breach of Rule 869 (4) ? doing anything which is likely to interfere with any other horse ? in that after the start he yelled and whistled loudly in a manner likely to cause interference to other runners. Mr Martin denied the breach and was present at the hearing.
--Mr Taumanu said from his position in the stand he heard almighty yelling and whistling from Mr Martin when the tapes were released. He emphasised this was a race for maiden trotters. He said this was a clear breach of the rule because of its impact on other horses.
--Mr A G Herlihy, driver of the favourite BAREFOOT ZOLA, said his horse stepped away, then he heard excessive noise ? whistling and yelling by Mr Martin, and his horse then broke. He said such noise was unsettling for horses. He could not say for certain the noise caused his horse to break ? but obviously considered it could have been the cause.
--Mr C Butler, assistant starter, said Mr Martin whistled and yelled excessively shortly after the start. He said such noise is not fair to maiden trotters because it would upset them.
--Mr C Courtney, starter, said Mr Martin whistled and yelled very loudly shortly after the start. He said such noise was definitely likely to cause "interference" to other horses.
--Mr Martin said some horses have to be "hurried up". He said he would rather whistle than use the whip. He said he had obviously been "too loud". He said he was giving his horse every chance to get handy.
--DECISION AND REASONS :
--I am satisfied by the combined effect of the evidence of the witnesses for the informant that loud noise at the start of a maiden trotters race is likely to cause runners to become unsettled/unruly and break up. These witnesses are all very experienced. I am satisfied that Mr Martin generated loud noise. In my opinion, causing a horse to become unsettled/unruly and/or break up constitutes "interference" within the meaning of the rule. I was informed during the hearing that Mr Herlihy was so concerned that he approached the Stipendiary Stewards to report the matter. I find the charge proven.
--PENALTY :
--Mr Taumanu suggested a fine of $250.00. He said Mr Martin had no relevant breaches of the rules recorded against him. Mr Martin said he was currently unemployed and could not afford to pay a fine. Mr Taumanu suggested a two day suspension. Mr Martin said he only drives one or two horses each raceday.
--In fixing penalty I took into account the submissions of both Mr Taumanu and Mr Martin. I also took into account the infrequency with which Mr Martin drives, and also the potential seriousness of the offending. Balancing those matters, I suspended Mr Martin's horseman's licence for two days, commencing at the end of racing on 3 May 2007 and concluding at the end of racing on 17 May 2007.
--B Rowe
--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: d15b4851003075dceb5c28fc2aadbdd0
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 03/05/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Cambridge - Te Awamutu HRC - 3 May 2007 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--An information lodged by Stipendiary Steward Mr T Taumanu against Mr G Martin, driver of PATIENT SPIRIT, alleging a breach of Rule 869 (4) ? doing anything which is likely to interfere with any other horse
--
An information lodged by Stipendiary Steward Mr T Taumanu against Mr G Martin, driver of PATIENT SPIRIT, alleging a breach of Rule 869 (4) ? doing anything which is likely to interfere with any other horse ? in that after the start he yelled and whistled loudly in a manner likely to cause interference to other runners. Mr Martin denied the breach and was present at the hearing.
--Mr Taumanu said from his position in the stand he heard almighty yelling and whistling from Mr Martin when the tapes were released. He emphasised this was a race for maiden trotters. He said this was a clear breach of the rule because of its impact on other horses.
--Mr A G Herlihy, driver of the favourite BAREFOOT ZOLA, said his horse stepped away, then he heard excessive noise ? whistling and yelling by Mr Martin, and his horse then broke. He said such noise was unsettling for horses. He could not say for certain the noise caused his horse to break ? but obviously considered it could have been the cause.
--Mr C Butler, assistant starter, said Mr Martin whistled and yelled excessively shortly after the start. He said such noise is not fair to maiden trotters because it would upset them.
--Mr C Courtney, starter, said Mr Martin whistled and yelled very loudly shortly after the start. He said such noise was definitely likely to cause "interference" to other horses.
--Mr Martin said some horses have to be "hurried up". He said he would rather whistle than use the whip. He said he had obviously been "too loud". He said he was giving his horse every chance to get handy.
--DECISION AND REASONS :
--I am satisfied by the combined effect of the evidence of the witnesses for the informant that loud noise at the start of a maiden trotters race is likely to cause runners to become unsettled/unruly and break up. These witnesses are all very experienced. I am satisfied that Mr Martin generated loud noise. In my opinion, causing a horse to become unsettled/unruly and/or break up constitutes "interference" within the meaning of the rule. I was informed during the hearing that Mr Herlihy was so concerned that he approached the Stipendiary Stewards to report the matter. I find the charge proven.
--PENALTY :
--Mr Taumanu suggested a fine of $250.00. He said Mr Martin had no relevant breaches of the rules recorded against him. Mr Martin said he was currently unemployed and could not afford to pay a fine. Mr Taumanu suggested a two day suspension. Mr Martin said he only drives one or two horses each raceday.
--In fixing penalty I took into account the submissions of both Mr Taumanu and Mr Martin. I also took into account the infrequency with which Mr Martin drives, and also the potential seriousness of the offending. Balancing those matters, I suspended Mr Martin's horseman's licence for two days, commencing at the end of racing on 3 May 2007 and concluding at the end of racing on 17 May 2007.
--B Rowe
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f82ec362443e8d6b9a2418c496894c6d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fe5406a54e866f749bb6c903ed3fff4b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/05/2007
meet_title: Cambridge - Te Awamutu HRC - 3 May 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Cambridge - Te Awamutu HRC