Archive Decision

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Auckland TC – 21 December 2007 – Race 9

ID: JCA22157

Hearing Type:
Old Hearing

Hearing Type (Code):
harness-racing

Meet Title:
Auckland TC - 21 December 2007

Race Date:
2007/12/21

Race Number:
Race 9

Decision: --

An information was lodged by Stipendiary Steward Mr. JM Muirhead against Mr. G Wolfenden the driver of BLAZING CHAPEL alleging that Mr. Wolfenden drove carelessly moving inwards when insufficiently clear at the start causing interference to HASTILEA 



--

An information was lodged by Stipendiary Steward Mr. JM Muirhead against Mr. G Wolfenden the driver of BLAZING CHAPEL alleging that Mr. Wolfenden drove carelessly moving inwards when insufficiently clear at the start causing interference to HASTILEA (Driver T MacFarlane) causing HASTILEA to lose all chance.

--

Mr. Wolfenden admitted the breach of the rule and was present at the hearing.

--

Mr. Muirhead demonstrated the incident by use of the video film and he showed that Mr. Wolfenden drew three and shortly after the start drove his horse across in front of HASTILEA causing that horse to break and lose it’s chance.

--

Mr. Muirhead did say that the drive was not up to Mr. Wolfenden’s usual standards.

--

Mr. Wolfenden in admitting the breach said that he was not aware that Mr. MacFarlane was inside of him and he moved across and acknowledged that he had caused Mr. MacFarlane’s horse to break. Mr. Wolfenden could not properly explain why he moved across so sharply at the start.

--

The parties were asked to make submissions as to penalty and Mr. Muirhead recommended a suspension of Mr. Wolfenden’s license up to and including the 4th January 2008. This would not apply to the Cambridge meeting of the 24th January 1007 because Mr. Wolfenden had declared drives but apart from that it would take into account five race days. Mr. Muirhead said that this was a premier meeting and that the offence was in the medium to higher range of offences. Mr. Muirhead did however acknowledge Mr. Wolfenden’s good driving record.

--

Mr. Wolfenden for his part believed that the recommended penalty was excessive and he thought that it could be dealt with by a shorter suspension and a fine.

--

DECISION

--

In assessing this matter the committee took into account the evidence presented and the submissions of the parties. The committee decided that any penalty could be either a suspension of license or a fine but that the fine would have to be significant. Mr. Wolfenden is given credit for his guilty plea and good driving record but the committee has to take into account the fact that the chances of HASTILEA were extinguished at the start.

--

The committee therefore decided to impose a fine of $650.00 on Mr. Wolfenden.

--

 

--

BJ Scott

--

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: cf53256a7ab0b50ae3aaa1d76007f1db


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 21/12/2007


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Auckland TC - 21 December 2007 - Race 9


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

An information was lodged by Stipendiary Steward Mr. JM Muirhead against Mr. G Wolfenden the driver of BLAZING CHAPEL alleging that Mr. Wolfenden drove carelessly moving inwards when insufficiently clear at the start causing interference to HASTILEA 



--

An information was lodged by Stipendiary Steward Mr. JM Muirhead against Mr. G Wolfenden the driver of BLAZING CHAPEL alleging that Mr. Wolfenden drove carelessly moving inwards when insufficiently clear at the start causing interference to HASTILEA (Driver T MacFarlane) causing HASTILEA to lose all chance.

--

Mr. Wolfenden admitted the breach of the rule and was present at the hearing.

--

Mr. Muirhead demonstrated the incident by use of the video film and he showed that Mr. Wolfenden drew three and shortly after the start drove his horse across in front of HASTILEA causing that horse to break and lose it’s chance.

--

Mr. Muirhead did say that the drive was not up to Mr. Wolfenden’s usual standards.

--

Mr. Wolfenden in admitting the breach said that he was not aware that Mr. MacFarlane was inside of him and he moved across and acknowledged that he had caused Mr. MacFarlane’s horse to break. Mr. Wolfenden could not properly explain why he moved across so sharply at the start.

--

The parties were asked to make submissions as to penalty and Mr. Muirhead recommended a suspension of Mr. Wolfenden’s license up to and including the 4th January 2008. This would not apply to the Cambridge meeting of the 24th January 1007 because Mr. Wolfenden had declared drives but apart from that it would take into account five race days. Mr. Muirhead said that this was a premier meeting and that the offence was in the medium to higher range of offences. Mr. Muirhead did however acknowledge Mr. Wolfenden’s good driving record.

--

Mr. Wolfenden for his part believed that the recommended penalty was excessive and he thought that it could be dealt with by a shorter suspension and a fine.

--

DECISION

--

In assessing this matter the committee took into account the evidence presented and the submissions of the parties. The committee decided that any penalty could be either a suspension of license or a fine but that the fine would have to be significant. Mr. Wolfenden is given credit for his guilty plea and good driving record but the committee has to take into account the fact that the chances of HASTILEA were extinguished at the start.

--

The committee therefore decided to impose a fine of $650.00 on Mr. Wolfenden.

--

 

--

BJ Scott

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


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Otherperson:


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Respondent:


StipendSteward:


raceid: fd145425588807b4d9980f32335b46d7


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race_emailed1: 0


race_emailed2: 0


race_title: Race 9


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meetid: 4d74c55cf31734e3e1730bc223bc6e8c


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meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/12/2007


meet_title: Auckland TC - 21 December 2007


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meet_racingtype: harness-racing


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name: Auckland TC