NZ Metro TC – 13 November 2009 –

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hearing_racingtype: harness-racing

startdate: 13/11/2009

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hearing_title: NZ Metro TC - 13 November 2009 -

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This matter was heard at the New Zealand Metropolitan Trotting Club’s meeting at Addington Raceway on 20 November 2009.

Following the running of Race 11, the Merivale Mall Handicap Trot, an information was filed by Stipendiary Steward Mr N. G. McIntyre against Mr J. F. Curtin, driver of “Dux” (13), alleging a breach of Rule 869(3)(b).  The charge was that Mr Curtin drove carelessly with about 200 metres to run when shifting “Romper Stomper” (R. D. Holmes) wider on the track which in turn caused “Mon Star” (M. R. Hay) to break and lose its chance.

This matter was heard at the New Zealand Metropolitan Trotting Club’s meeting at Addington Raceway on 20 November 2009.

Following the running of Race 11, the Merivale Mall Handicap Trot, an information was filed by Stipendiary Steward Mr N. G. McIntyre against Mr J. F. Curtin, driver of “Dux” (13), alleging a breach of Rule 869(3)(b).  The charge was that Mr Curtin drove carelessly with about 200 metres to run when shifting “Romper Stomper” (R. D. Holmes) wider on the track which in turn caused “Mon Star” (M. R. Hay) to break and lose its chance.

Mr Curtin had indicated on the information that he admitted this breach of the Rules and he confirmed this at the hearing.  Mr Curtin also agreed that he understood the charge and the Rule it was brought under.

Stipendiary Steward Mrs K. R. Williams used video coverage to illustrate this incident.  Mr Curtin did not dispute the facts of this matter.

Penalty:

In relation to penalty Mr McIntyre advised that Mr Curtin is a senior horseman, and that he had no relevant previous convictions in the last 12 months. This is a good record, and also Mr Curtin had admitted the breach.  On the other hand the chances of “Mon Star” had been affected, and as this was a $20,000-00 race a fine of $400-00 was recommended. 

Mr Curtin thought that a $400-00 fine was excessive, and there were discussions as to whether a suspension should be considered instead of a fine.  However Mr Curtin said he preferred a fine.

We adjourned to consider the matter of penalty.  We were satisfied that it should be taken into account that this was a $20,000-00 race and that the chances of “Mon Star” had been affected.  To Mr Curtin’s credit we took into account his guilty plea and his good record. 

In all the circumstances we considered that a fine of $350-00 was appropriate in this case and Mr Curtin was fined this amount.

J.  M. Phelan           P. J. Rosanowski
CHAIR                     Committee Member
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hearing_type: Old Hearing

Rules: 869.3.b

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