Kumeu TC – 18 May 2007 –

hearingid: f06be985b6d48c671a2f9a3f5f668abd

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hearing_racingtype: harness-racing

startdate: 18/05/2007

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hearing_title: Kumeu TC - 18 May 2007 -

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An information lodged by Stipendiary Steward Mr J Muirhead against Mr T Mitchell driver of HOMIN DRY alleging a breach of Rule 869 (3)(b) ? Careless driving

An information lodged by Stipendiary Steward Mr J Muirhead against Mr T Mitchell driver of HOMIN DRY alleging a breach of Rule 869 (3)(b) ? Careless driving ? in that HOMIN DRY struck the sulky wheel of SUE DREAMER driven by Mrs N Molander, with approximately 2000m to run resulting in a flat tyre that SUE DREAMER had to pull for the remainder of the race. Mr Mitchell admitted the breach and was present at the hearing. Mr Muirhead demonstrated the incident by use of the video film. Shortly after the start of the race Mr Mitchell positioned HOMIN Dry immediately behind SUE DREAMER at the tail of the field but in so doing the near fore leg of HOMIN DRY struck the sulky wheel of SUE DREAMER causing a flat tyre. This had an adverse effect on the performance of SUE DREAMER. Mr Mitchell accepted Mr Muirhead's version of events.

Mr Muirhead said Mr Mitchell had no relevant breaches of the Rules recorded against him, that he had been very frank about the incident, and the offending was at the lower end of the scale. He suggested a fine in the region $100.00 - $200.00. Mr Mitchell said that it was only a minor breach and he didn?t think it warranted a $200.00 fine. In fixing penalty I took into account the following matters :

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1. The guilty plea.
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2. Mr Mitchell had no relevant breaches recorded against him.
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3. The submissions of Mr Muirhead.
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4. The submissions of Mr Mitchell.
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5. The offending was at the lower end of the scale.

Balancing those matters I imposed a fine of $150.00

B Rowe

Chairman

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hearing_type: Old Hearing

Rules: 869.3.b

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