Ashburton TC – 7 February 2009 – Race 9

hearingid: d4c9d110c8ce6ac9b9cbe6782717a2d5

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 07/02/2009

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Ashburton TC - 7 February 2009 - Race 9

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Following the running of Race 9, Mid Canterbury Trotting Owners Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr R D Holmes, alleging a breach of Rule 869 (3) (b) (careless driving) in that Mr Holmes, as the driver of KIWI INGENUITY in the Race, “shifted in when insufficiently clear of TIME TO FLY (J R Dunn) and MORTY (M P Jones) resulting in MORTY breaking and checking SMOKE N MIRRORS”.

DECISION AND REASONS:

Following the running of Race 9, Mid Canterbury Trotting Owners Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr R D Holmes, alleging a breach of Rule 869 (3) (b) (careless driving) in that Mr Holmes, as the driver of KIWI INGENUITY in the Race, “shifted in when insufficiently clear of TIME TO FLY (J R Dunn) and MORTY (M P Jones) resulting in MORTY breaking and checking SMOKE N MIRRORS”.

Mr Holmes was present at the hearing of the information and admitted the breach.

Rule 869 provides as follows:

(3) No horseman shall in any race drive:-

      (b)  carelessly.

Mr McIntyre referred to the evidence adduced at the earlier protest hearing.

In relation to penalty, he informed the Committee that Mr Holmes had the following previous breaches of the careless driving Rule:

22/2/08    Fined $200

25/4/08    Fined $250

11/11/08  Fined $750

26/12/08  Fined $350

Mr McIntyre pointed out that KIWI INGENUITY had been the favourite for the Race and had been relegated from 1^st placing with a consequent effect on the betting public. In addition, another runner had been taken out of the contest and several drivers were exposed to a potentially harmful situation. He recommended a fine of between $500 and $600. In the current season to date, Mr Holmes has had 238 drives and in the 2007/2008 season he had 544 drives. Mr McIntyre also referred to the Guide for Judicial Committees issued by the Judicial Control Authority for Racing.

Mr Holmes did not wish to make any submissions relating to penalty.

In determining penalty, the Committee had regard to the following matters:

1.      Mr Holmes’ admission of the breach;

2.      His previous breaches of the Rule, but taking into account that Mr Holmes is a very busy driver;

3.      The consequent effect on the betting public through the relegation of KIWI INGENUITY;

4.      That the breach was, in the Committee’s view, at the higher end of the scale of careless driving;

5.      The Penalty Guide referred to above; and

6.      The submissions of Mr McIntyre.

Having regard to all of the above matters, the Committee decided that the appropriate penalty was a fine of $600 and Mr Holmes was fined the sum of $600 accordingly.

 R G McKenzie

CHAIRMAN

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869.3.b

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: