Auckland TC – 25 April 2008 –

hearingid: d31e94e7656fab27a83425d7dc31abd0

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hearing_racingtype: harness-racing

startdate: 25/04/2008

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hearing_title: Auckland TC - 25 April 2008 -

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Decision:

An information lodged by Stipendiary Steward Mr J Muirhead against Mr W Rich, driver of PETITE SUNSET alleging a breach of Rule 869 (3) (b) – Careless Driving – in that he caused interference to POMPALLIER with approximately 450m to run. 

An information lodged by Stipendiary Steward Mr J Muirhead against Mr W Rich, driver of PETITE SUNSET alleging a breach of Rule 869 (3) (b) – Careless Driving – in that he caused interference to POMPALLIER with approximately 450m to run. 

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

Mr Muirhead demonstrated the incident by use of the video film.  PETITE SUNSET was running second to last and Mr Rich moved the horse outwards and his sulky came into contact with the leg of POMPALLIER which was improving from last position on the outside of PETITE SUNSET.  POMPALLIER broke and lost whatever chance it did have.  Mr Muirhead said Mr Rich had a clear driving record and drove about three times every two weeks.  He asked the Committee to take into account the stake payable for the race - $25,000 and that the recommended starting point for careless driving in a major race was $600.00 and/or three weeks suspension.  Mr Rich said he would prefer a fine.

DECISION AND REASONS :

In fixing penalty the Committee takes into account the following :

1.         The guilty plea.

2.         Mr Rich’s clear driving record.

3.         The submissions of Mr Muirhead.

4.         The submissions of Mr Rich.

5.         The offending was midpoint on the range of seriousness.

6.         The starting point for a breach of this nature in a major race as stated by

             Mr Muirhead.

7.         The stake payable – this is not a major race but a race at a premier meeting.

Balancing those matters, the Committee imposes a fine of $500.00.

B J Rowe

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hearing_type: Old Hearing

Rules: 869.3.b

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