Cambridge – Te Awamutu HRC – 3 May 2007 – Race 6

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startdate: 03/05/2007

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decisiondate: no date provided

hearing_title: Cambridge - Te Awamutu HRC - 3 May 2007 - Race 6

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An information lodged by Stipendiary Steward Mr T Taumanu against Mr S Cornwall, driver of STARZA RISING, alleging a breach of Rule 869 (3) (a) ? incompetent driving

An information lodged by Stipendiary Steward Mr T Taumanu against Mr S Cornwall, driver of STARZA RISING, alleging a breach of Rule 869 (3) (a) ? incompetent driving ? in that he improved his horse forward and made contact with the sulky of MISTER MAHARG, driven by Ms Arna Donnell, that horse having been galloping for about 150 metres. Mr Cornwall denied the breach and was present at the hearing.

Stipendiary Steward Mr J Muirhead demonstrated the incident by use of the video film. MISTER MAHARG broke up and galloped at the end of the back straight when racing in the parked position. It continued galloping around the bend towards the home straight. STARZA RISING had been racing well back in the field and was being urged forward by Mr Cornwall. Shortly before the entrance to the home straight STARZA RISING ran into the sulky of MISTER MAHARG and broke and almost fell. Mr Muirhead said Mr Cornwall should have seen MISTER MAHARG and didn?t ? his standard of driving was well below the standard required.

Mr Cornwall said he had been concentrating on the horses driven by Mr Shaw and Mr Robb, and he didn?t see MISTER MAHARG until he was "right on it". He acknowledged he should have seen MISTER MAHARG and "it looks bad". He sought and was given clarification of the difference between careless driving and incompetent driving.

I have no hesitation in accepting the evidence of Mr Muirhead. The video film was very clear. Mr Cornwall had ample time to see MISTER MAHARG and take evasive action. It is clear he allowed himself to be distracted by the progress of other horses. Mr Cornwall did not exhibit the degree of competence expected / required from licensed horseman. I find the charge proven. It is apparent Mr Cornwall only contested the charge because he thought a charge of careless driving would have been more appropriate.

Mr Taumanu suggested a six week suspension. He said he took into account Mr Cornwall drives about once a fortnight, and has a clear driving record. Mr Cornwall said he thought four weeks was sufficient. In fixing penalty I took into account Mr Cornwall's clear record, the submissions of Mr Taumanu and Mr Cornwall, the infrequency of Mr Cornwall's driving and that the offending was above mid range on the scale of seriousness. Balancing those matters, I suspend Mr Cornwall's horseman's licence for six weeks, until the close of racing on 15 June 2007.

B Rowe

Chairman

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hearing_type: Old Hearing

Rules: 869.3.a

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raceid: c016ec5d3dd89c0a0b9f4b028e063a70

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race_title: Race 6

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meetid: fe5406a54e866f749bb6c903ed3fff4b

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meetdate: 03/05/2007

meet_title: Cambridge - Te Awamutu HRC - 3 May 2007

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tracklocation: cambridge-te-awamutu-hrc

meet_racingtype: harness-racing

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name: Cambridge - Te Awamutu HRC