Archive Decision

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Rangiora HRC – 9 June 2009 –

ID: JCA22520

Hearing Type:
Old Hearing

Rules:
869.4

Hearing Type (Code):
harness-racing

Decision:

DECISION AND REASONS:

--

Following the running of Race 9, George Peters Memorial Amateur Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Amateur Driver, Mr L L Donald, alleging a breach of Rule 869 (4) and 869 (6) (b) & (c) in that Mr Donald “as the driver of TALKATIVE HIGH forced NUCIFORA (J B McDermott) to race wider on the track with approximately 1150 metres to run”.



DECISION AND REASONS:

--

Following the running of Race 9, George Peters Memorial Amateur Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Amateur Driver, Mr L L Donald, alleging a breach of Rule 869 (4) and 869 (6) (b) & (c) in that Mr Donald “as the driver of TALKATIVE HIGH forced NUCIFORA (J B McDermott) to race wider on the track with approximately 1150 metres to run”.

--

 

--

Mr Donald had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information. The breach was found proved accordingly.

--

 

--

Rule 869 provides as follows:

--

(4)   No horseman shall during any race do anything which interferes with or is likely to interfere with his own horse and/or any other horse or its progress.

--

(6)   Subject to sub-rule (4) hereof:-

--

(b)   a horse making a forward move during any race shall not be forced to race wider on the track;

--

(c)   a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

--

 

--

Mr N G McIntyre showed a video replay of the incident with approximately 1150 metres to run in the Race. He showed NUCIFORA going forward 3-wide and outside the wheel of TALKATIVE HIGH which was established in the two-out line. Mr Donald then shifted out and forced NUCIFORA to race 4 wide.

--

 

--

--

Mrs Williams recommended a fine of $200.

--

 

--

Mr Donald was fined the sum of $200.

--

 

--

 

--

R G McKenzie

--

CHAIRMAN

67940

Decision Date: 09/06/2009

Publish Date: 09/06/2009

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: ed2281c334623f4966084db88b369ed2


informantnumber:


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hearing_racingtype: harness-racing


startdate: 09/06/2009


newcharge:


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penaltyrequired:


decisiondate: no date provided


hearing_title: Rangiora HRC - 9 June 2009 -


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

DECISION AND REASONS:

--

Following the running of Race 9, George Peters Memorial Amateur Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Amateur Driver, Mr L L Donald, alleging a breach of Rule 869 (4) and 869 (6) (b) & (c) in that Mr Donald “as the driver of TALKATIVE HIGH forced NUCIFORA (J B McDermott) to race wider on the track with approximately 1150 metres to run”.



DECISION AND REASONS:

--

Following the running of Race 9, George Peters Memorial Amateur Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Amateur Driver, Mr L L Donald, alleging a breach of Rule 869 (4) and 869 (6) (b) & (c) in that Mr Donald “as the driver of TALKATIVE HIGH forced NUCIFORA (J B McDermott) to race wider on the track with approximately 1150 metres to run”.

--

 

--

Mr Donald had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information. The breach was found proved accordingly.

--

 

--

Rule 869 provides as follows:

--

(4)   No horseman shall during any race do anything which interferes with or is likely to interfere with his own horse and/or any other horse or its progress.

--

(6)   Subject to sub-rule (4) hereof:-

--

(b)   a horse making a forward move during any race shall not be forced to race wider on the track;

--

(c)   a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

--

 

--

Mr N G McIntyre showed a video replay of the incident with approximately 1150 metres to run in the Race. He showed NUCIFORA going forward 3-wide and outside the wheel of TALKATIVE HIGH which was established in the two-out line. Mr Donald then shifted out and forced NUCIFORA to race 4 wide.

--

 

--

--

Mrs Williams recommended a fine of $200.

--

 

--

Mr Donald was fined the sum of $200.

--

 

--

 

--

R G McKenzie

--

CHAIRMAN

67940

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hearing_type: Old Hearing


Rules: 869.4


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