Cambridge – Te Awamutu HRC – 4 February 2010 –
ID: JCA22907
Hearing Type (Code):
harness-racing
Decision:
CAMBRIDGE-TE AWAMUTU HARNESS RACING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISION
--THURSDAY 4TH FEBRUARY 2010
--JCA PANEL: B Rowe – Chairman, B Scott
--RACE NO: 8 INFORMATION NO: 68390 RULE NO: 869(3) (b)
--This is an information filed by Stipendiary Steward Mr T TAUMANU against Junior Horseman Mr D BRANCH driver of BET YOUR LIFE alleging a breach of the above rule in that he drove his horse carelessly forcing a gap and causing interference to TURISMO driven by Miss A STORMONT racing into the first bend with resultant interference to other runners.
CAMBRIDGE-TE AWAMUTU HARNESS RACING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISION
--THURSDAY 4TH FEBRUARY 2010
--JCA PANEL: B Rowe – Chairman, B Scott
--RACE NO: 8 INFORMATION NO: 68390 RULE NO: 869(3) (b)
--This is an information filed by Stipendiary Steward Mr T TAUMANU against Junior Horseman Mr D BRANCH driver of BET YOUR LIFE alleging a breach of the above rule in that he drove his horse carelessly forcing a gap and causing interference to TURISMO driven by Miss A STORMONT racing into the first bend with resultant interference to other runners.
--Mr BRANCH admitted the breach and was present at the hearing assisted by Senior Horseman Mr M BRANCH.
--The circumstances surrounding this matter are as set out in the judgment in relation to the associated protest hearing. In brief Mr BRANCH moved his horse inwards causing interference to TURISMO which had to be restrained and resulted in interference to ROYAL TIGER and DAKOTA KID. BET YOUR LIFE finished 2nd and was relegated to 13th.
--PENALTY
--Mr TAUMANU said the recommended starting point was a fine of $400 and/or 2 weeks suspension. He said the relegation cost the owners and punters and the offending was mid-range on the scale of seriousness. He said Mr BRANCH had only one breach of the rules recorded against him in the last 12months – causing interference to his own horse. He said Mr BRANCH was a better horseman than what he showed on this occasion. He recommended a fine in the region $400 - $600.
--Mr M BRANCH said the interference to TURISMO was minor because the horse did not break and he said the evidence of Mr BUTT driver of ROYAL TIGER was that his horse would have galloped anyway. He referred to the good driving record, the immediate corrective action taken and the Junior Horseman status. He asked for the smallest fine possible. He referred the committee to a recent similar case involving a Junior Driver where careless driving caused interference to other runners and resulted in a relegation. In that case the defendant was fined $350. He referred to the need for consistency.
--In fixing penalty the committee takes into account the guilty plea, the submissions of Mr TAUMANU and Mr BRANCH, (except the reference to the evidence of Mr BUTT which we reject) the offending which involved a relegation was mid-range on the scale of seriousness, the Junior Horseman status and the excellent driving record. We also take into account the recommended starting point and the recent similar case referred to. Balancing all of those matters but with emphasis on the driving record and the penalty imposed in the recent similar case we impose a fine of $350.
--
B Rowe
CHAIR
68390
Decision Date: 04/02/2010
Publish Date: 04/02/2010
JCA Decision Fields (raw)
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hearingid: f19f10d05526a8ec4884f8e7a3bc99df
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 04/02/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Cambridge - Te Awamutu HRC - 4 February 2010 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
CAMBRIDGE-TE AWAMUTU HARNESS RACING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISION
--THURSDAY 4TH FEBRUARY 2010
--JCA PANEL: B Rowe – Chairman, B Scott
--RACE NO: 8 INFORMATION NO: 68390 RULE NO: 869(3) (b)
--This is an information filed by Stipendiary Steward Mr T TAUMANU against Junior Horseman Mr D BRANCH driver of BET YOUR LIFE alleging a breach of the above rule in that he drove his horse carelessly forcing a gap and causing interference to TURISMO driven by Miss A STORMONT racing into the first bend with resultant interference to other runners.
CAMBRIDGE-TE AWAMUTU HARNESS RACING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISION
--THURSDAY 4TH FEBRUARY 2010
--JCA PANEL: B Rowe – Chairman, B Scott
--RACE NO: 8 INFORMATION NO: 68390 RULE NO: 869(3) (b)
--This is an information filed by Stipendiary Steward Mr T TAUMANU against Junior Horseman Mr D BRANCH driver of BET YOUR LIFE alleging a breach of the above rule in that he drove his horse carelessly forcing a gap and causing interference to TURISMO driven by Miss A STORMONT racing into the first bend with resultant interference to other runners.
--Mr BRANCH admitted the breach and was present at the hearing assisted by Senior Horseman Mr M BRANCH.
--The circumstances surrounding this matter are as set out in the judgment in relation to the associated protest hearing. In brief Mr BRANCH moved his horse inwards causing interference to TURISMO which had to be restrained and resulted in interference to ROYAL TIGER and DAKOTA KID. BET YOUR LIFE finished 2nd and was relegated to 13th.
--PENALTY
--Mr TAUMANU said the recommended starting point was a fine of $400 and/or 2 weeks suspension. He said the relegation cost the owners and punters and the offending was mid-range on the scale of seriousness. He said Mr BRANCH had only one breach of the rules recorded against him in the last 12months – causing interference to his own horse. He said Mr BRANCH was a better horseman than what he showed on this occasion. He recommended a fine in the region $400 - $600.
--Mr M BRANCH said the interference to TURISMO was minor because the horse did not break and he said the evidence of Mr BUTT driver of ROYAL TIGER was that his horse would have galloped anyway. He referred to the good driving record, the immediate corrective action taken and the Junior Horseman status. He asked for the smallest fine possible. He referred the committee to a recent similar case involving a Junior Driver where careless driving caused interference to other runners and resulted in a relegation. In that case the defendant was fined $350. He referred to the need for consistency.
--In fixing penalty the committee takes into account the guilty plea, the submissions of Mr TAUMANU and Mr BRANCH, (except the reference to the evidence of Mr BUTT which we reject) the offending which involved a relegation was mid-range on the scale of seriousness, the Junior Horseman status and the excellent driving record. We also take into account the recommended starting point and the recent similar case referred to. Balancing all of those matters but with emphasis on the driving record and the penalty imposed in the recent similar case we impose a fine of $350.
--
B Rowe
CHAIR
68390
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hearing_type: Old Hearing
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