Archive Decision

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Dargaville RC – 13 November 2009 – Race 9

ID: JCA22722

Hearing Type:
Old Hearing

Rules:
638.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Dargaville RC - 13 November 2009

Race Date:
2009/11/13

Race Number:
Race 9

Decision:

Following Race 9, an Information was filed pursuant to rule 638 (1) (d).  The Informant, Mr Coles, alleged Mr K Zechner allowed his mount, SAFE ACCESS, to shift in near the 900 metre mark.  He stated that Mr Zechner was not clear of TOP MARQUE (S Spratt) when moving in and this caused Miss Spratt to be tightened and checked.

--

 



Following Race 9, an Information was filed pursuant to rule 638 (1) (d).  The Informant, Mr Coles, alleged Mr K Zechner allowed his mount, SAFE ACCESS, to shift in near the 900 metre mark.  He stated that Mr Zechner was not clear of TOP MARQUE (S Spratt) when moving in and this caused Miss Spratt to be tightened and checked.

--

Mr Zechner pleaded guilty to the charge.

--

Mr Williamson demonstrated the video films which clearly showed Miss Spratt having to check her mount TOP MARQUE at the 900 metres.  It was evident to the Committee this was caused by Mr Zechner moving in and taking Miss Spratt’s line when only ¾ - 1 lengths clear.  Mr Williamson said Miss Spratt had to take a hold and pull her horse’s head sideways.

--

Mr Zechner, while admitting this was an error of judgement on his part, also believed Miss Spratt rode forward trying to keep him out.

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PENALTY SUBMISSIONS

--

Mr Coles said this was Mr Zechner’s first charge in 12 months in NZ having had 100 rides.  He submitted this transgression to be at the lower end.

--

Mr Zechner said he had commitments up until and including 15 November.

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PENALTY

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The Committee carefully considered all the evidence and submissions.  In mitigation we have taken into account Mr Zechner’s guilty plea and his excellent record.  However the check to Miss Spratt has to be also carefully considered.  Because of the mitigating factors and the Committee’s assessment that this offence is at the low end of carelessness we impose a minimum suspension of 4 days.

--

Accordingly Mr Zechner’s license to ride in races is suspended from after the conclusion of racing on 15 November until after the conclusion of racing on 22 November 2009 (4 days).

--


Richard Seabrook
CHAIR
6066

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: f0a13164a6bb5c1427e7b014a2e9fdc7


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 13/11/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Dargaville RC - 13 November 2009 - Race 9


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following Race 9, an Information was filed pursuant to rule 638 (1) (d).  The Informant, Mr Coles, alleged Mr K Zechner allowed his mount, SAFE ACCESS, to shift in near the 900 metre mark.  He stated that Mr Zechner was not clear of TOP MARQUE (S Spratt) when moving in and this caused Miss Spratt to be tightened and checked.

--

 



Following Race 9, an Information was filed pursuant to rule 638 (1) (d).  The Informant, Mr Coles, alleged Mr K Zechner allowed his mount, SAFE ACCESS, to shift in near the 900 metre mark.  He stated that Mr Zechner was not clear of TOP MARQUE (S Spratt) when moving in and this caused Miss Spratt to be tightened and checked.

--

Mr Zechner pleaded guilty to the charge.

--

Mr Williamson demonstrated the video films which clearly showed Miss Spratt having to check her mount TOP MARQUE at the 900 metres.  It was evident to the Committee this was caused by Mr Zechner moving in and taking Miss Spratt’s line when only ¾ - 1 lengths clear.  Mr Williamson said Miss Spratt had to take a hold and pull her horse’s head sideways.

--

Mr Zechner, while admitting this was an error of judgement on his part, also believed Miss Spratt rode forward trying to keep him out.

--

PENALTY SUBMISSIONS

--

Mr Coles said this was Mr Zechner’s first charge in 12 months in NZ having had 100 rides.  He submitted this transgression to be at the lower end.

--

Mr Zechner said he had commitments up until and including 15 November.

--

PENALTY

--

The Committee carefully considered all the evidence and submissions.  In mitigation we have taken into account Mr Zechner’s guilty plea and his excellent record.  However the check to Miss Spratt has to be also carefully considered.  Because of the mitigating factors and the Committee’s assessment that this offence is at the low end of carelessness we impose a minimum suspension of 4 days.

--

Accordingly Mr Zechner’s license to ride in races is suspended from after the conclusion of racing on 15 November until after the conclusion of racing on 22 November 2009 (4 days).

--


Richard Seabrook
CHAIR
6066


sumissionsforpenalty:


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hearing_type: Old Hearing


Rules: 638.1.d


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