Westport TC – 26 December 2005 – Race 10

hearingid: f1cb448169886ae5587c4d9b17307225

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hearing_racingtype: harness-racing

startdate: 26/12/2005

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plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Westport TC - 26 December 2005 - Race 10

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Decision:

Following the running of Race 10, the Lion Foundation Handicap Pace, G D Smith the driver of HI RULE was charged with a breach of Rule 869(3)(b) ? Careless driving.

Following the running of Race 10, the Lion Foundation Handicap Pace, G D Smith the driver of HI RULE was charged with a breach of Rule 869(3)(b) ? Careless driving.

It was alleged that Mr Smith shifted down on the track after approx 200m checking THE KAPAUKA COWBOY (M P Jones) resulting in this runner breaking.

Mr Smith, a junior driver, declined the offer of representation. He also denied the breach of the rule.

When presenting her evidence Mrs Williams called Stipendiary Steward N McIntyre who was situated at the end of the straight.

Mr McIntyre stated that he observed Mr Jones ease his horse, which broke and ran inwards over a marker peg, when Mr Smith was taking HI RULE to the front. It was Mr McIntyre's contention that the breaking of THE KAPUKA COWBOY was due to tightening from HI RULE.

Mrs Williams then called Mr Jones who confirmed that he had received pressure from his outside and that this pressure came from Mr Smith.

Mr Smith, when making his submissions, stated that he did not believe that he had contacted Mr Jones and he believed that THE KAPUKA COWBOY had run over the marker peg due to it running in of it's own volition.

The committee has carefully considered all that has been presented and find that as the field has progressed around the first bend Mr Smith, who has been racing one off the markers has been in the process of moving his drive to the lead. In undertaking this manoeuvre he has allowed HI RULE to move inward when not clear of THE KAPUKA COWBOY and as a consequence Mr Jones has had to check his horse which has resulted in the horse breaking for a short distance and running over a marker peg. The committee finds that the actions of Mr Smith at the time of him moving his horse to the lead have been careless and as such he has breached the provisions of Rule 869 (3)(b)

The charge is therefore proved.

When considering the appropriate penalty to be imposed the committee has heard submissions from Mrs Williams and Mr Smith. Mr Smith's record has been presented and this demonstrates no previous breaches of the careless driving rule.

The informant has submitted that a modest fine would be appropriate in this case and the committee is inclined toward this view.

In determining the quantum to be imposed Mr Smith's good record is a mitigating factor in his favour and he is given credit for this.

Therefore after giving consideration to all factors the committee finds that Mr Smith be fined the sum of $200.00

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hearing_type: Old Hearing

Rules: 869.3.b

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StipendSteward:

raceid: a1164efd51fca07e9bebd30fcb096cb1

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 10

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meetid: 5ab0f6609b113c185208e8a05d65f9f1

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meet_noreport: 0

waitingforpublication: 0

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meet_emailed2: 0

meetdate: 26/12/2005

meet_title: Westport TC - 26 December 2005

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tracklocation: westport-tc

meet_racingtype: harness-racing

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name: Westport TC