Manukau TC – 30 October 2009 – Race 4
ID: JCA22248
Hearing Type (Code):
harness-racing
Meet Title:
Manukau TC - 30 October 2009
Race Date:
2009/10/30
Race Number:
Race 4
Decision:
This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr J. Abernethy driver of BAKUP MAC alleging a breach of the above rule in that he moved the horse inwards and allowed his sulky wheel to protrude inside the marker line with approximately 150m to run.
This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr J. Abernethy driver of BAKUP MAC alleging a breach of the above rule in that he moved the horse inwards and allowed his sulky wheel to protrude inside the marker line with approximately 150m to run.
--Mr Abernethy admitted the breach and was present at the hearing.
--Mr Muirhead showed the video film of the incident. He said Mr Abernethy moved his horse into the passing lane in the home straight where there was insufficient room to do so resulting in the sulky wheel protruding inside three or four of the track marker pylons. He said Mr Abernethy was driving his horse with the whip at the time.
--Mr Abernethy said that the horse had run inwards further than he had anticipated.
--Penalty:
--Mr Muirhead said Mr Abernethy had no relevant breaches of the rules recorded against him, the offending was medium to lower end on the scale of seriousness and that the recommended starting point penalty was $200.00 which he recommended should be imposed.
--Mr Abernethy had no submissions to make on penalty.
--In fixing penalty the Committee takes into account the guilty plea, although this was somewhat inevitable, Mr Abernethy’s clear driving record, the submissions of Mr Muirhead, the lack of submissions from Mr Abernethy, the offending was medium to lower end on the scale of seriousness and the recommended starting point penalty of a $200.00 fine. Taking all of those matters into account the Committee can see no reason to deviate from the recommended starting point penalty. This was a clear breach of the Rule. There was always insufficient room for Mr Abernethy to take his horse inwards when he did. A fine of $200.00 is imposed.
----
B. Rowe
CHAIR
67726
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: a4f9786b1d4593a3515a446329baf0f5
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/10/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Manukau TC - 30 October 2009 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr J. Abernethy driver of BAKUP MAC alleging a breach of the above rule in that he moved the horse inwards and allowed his sulky wheel to protrude inside the marker line with approximately 150m to run.
This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr J. Abernethy driver of BAKUP MAC alleging a breach of the above rule in that he moved the horse inwards and allowed his sulky wheel to protrude inside the marker line with approximately 150m to run.
--Mr Abernethy admitted the breach and was present at the hearing.
--Mr Muirhead showed the video film of the incident. He said Mr Abernethy moved his horse into the passing lane in the home straight where there was insufficient room to do so resulting in the sulky wheel protruding inside three or four of the track marker pylons. He said Mr Abernethy was driving his horse with the whip at the time.
--Mr Abernethy said that the horse had run inwards further than he had anticipated.
--Penalty:
--Mr Muirhead said Mr Abernethy had no relevant breaches of the rules recorded against him, the offending was medium to lower end on the scale of seriousness and that the recommended starting point penalty was $200.00 which he recommended should be imposed.
--Mr Abernethy had no submissions to make on penalty.
--In fixing penalty the Committee takes into account the guilty plea, although this was somewhat inevitable, Mr Abernethy’s clear driving record, the submissions of Mr Muirhead, the lack of submissions from Mr Abernethy, the offending was medium to lower end on the scale of seriousness and the recommended starting point penalty of a $200.00 fine. Taking all of those matters into account the Committee can see no reason to deviate from the recommended starting point penalty. This was a clear breach of the Rule. There was always insufficient room for Mr Abernethy to take his horse inwards when he did. A fine of $200.00 is imposed.
----
B. Rowe
CHAIR
67726
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3909b6cd8b61508ee3739e28c74e76ec
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c3bb10ef48f4a8558c936a62455e2a4f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/10/2009
meet_title: Manukau TC - 30 October 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manukau-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Manukau TC