Archive Decision

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Auckland TC – 11 December 2009 – Race 3

ID: JCA22943

Hearing Type:
Old Hearing

Rules:
1114.2.b, 869.4, 869.7A.c

Hearing Type (Code):
harness-racing

Meet Title:
Auckland TC - 11 December 2009

Race Date:
2009/12/11

Race Number:
Race 3

Decision:

AUCKLAND TROTTING CLUB
RACEDAY JUDICIAL COMMITTEE DECISION
FRIDAY 11TH DECEMBER 2009

--

JCA PANEL:    B. Rowe – Chair, B. Scott - Committee Member

--

RACE NO: 3  INFORMATION NO: 67735  RULE NO:  869(4) and 869(7A)(c)

--

This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr G. Payne driver of SESHNY BROMAC alleging a breach of the above rules in that he drove the horse in a manner that was likely to cause interference to SURF AND SAND driven by Mr J. Dunn and forced that horse over the marker line in the run home. 



AUCKLAND TROTTING CLUB
RACEDAY JUDICIAL COMMITTEE DECISION
FRIDAY 11TH DECEMBER 2009

--

JCA PANEL:    B. Rowe – Chair, B Scott - Commitee Member

--

RACE NO: 3  INFORMATION NO: 67735  RULE NO:  869(4) and 869(7A)(c)

--

This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr G. Payne driver of SESHNY BROMAC alleging a breach of the above rules in that he drove the horse in a manner that was likely to cause interference to SURF AND SAND driven by Mr J. Dunn and forced that horse over the marker line in the run home. 

--

Mr Payne admitted the breach and was present at the hearing. 

--

Mr Muirhead showed the video film of the incident.  About 100m from the finish of the race Mr Payne moved his horse inwards sharply causing interference to SURF AND SAND and forcing that horse over the marker line.  SESHNY BROMAC finished 7th and SURF AND SAND 10th.

--

Penalty:

--

Mr Muirhead said the offending was mid-range on the scale of seriousness, that Mr Payne had had four drives this season, six drives last year and 15 drives the year before.  He said Mr Payne was co-operative and he recommended a fine at the lower end of the range - $250.00 to $500.00.  He also said that this was a premier night’s racing.

--

Mr Payne said the film showed it all, and that he didn’t know the other horse was there.  He accepted the penalty submissions of Mr Muirhead.

--

In fixing penalty the Committee takes into account the guilty plea, the offending was mid-range on the scale of seriousness, the submissions of Mr Muirhead, the acceptance of those submissions by Mr Payne, the minimal amount of driving by Mr Payne, the stake money for the race - $72,500 – Rule 1114 (2)(b) - and the recommended starting points for the two rules - $400.00 and/or two week’s suspension for Rule 869(4) and $300.00 fine and/or one week’s suspension for Rule 869(7A)(c).  Balancing all of those matters, and with emphasis on the minimal amount of driving of Mr Payne, a fine of $250.00 is imposed.

--


B. Rowe
CHAIR
67735

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: faebf1d7a974de387b19e9a77ccbda90


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 11/12/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Auckland TC - 11 December 2009 - Race 3


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

AUCKLAND TROTTING CLUB
RACEDAY JUDICIAL COMMITTEE DECISION
FRIDAY 11TH DECEMBER 2009

--

JCA PANEL:    B. Rowe – Chair, B. Scott - Committee Member

--

RACE NO: 3  INFORMATION NO: 67735  RULE NO:  869(4) and 869(7A)(c)

--

This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr G. Payne driver of SESHNY BROMAC alleging a breach of the above rules in that he drove the horse in a manner that was likely to cause interference to SURF AND SAND driven by Mr J. Dunn and forced that horse over the marker line in the run home. 



AUCKLAND TROTTING CLUB
RACEDAY JUDICIAL COMMITTEE DECISION
FRIDAY 11TH DECEMBER 2009

--

JCA PANEL:    B. Rowe – Chair, B Scott - Commitee Member

--

RACE NO: 3  INFORMATION NO: 67735  RULE NO:  869(4) and 869(7A)(c)

--

This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr G. Payne driver of SESHNY BROMAC alleging a breach of the above rules in that he drove the horse in a manner that was likely to cause interference to SURF AND SAND driven by Mr J. Dunn and forced that horse over the marker line in the run home. 

--

Mr Payne admitted the breach and was present at the hearing. 

--

Mr Muirhead showed the video film of the incident.  About 100m from the finish of the race Mr Payne moved his horse inwards sharply causing interference to SURF AND SAND and forcing that horse over the marker line.  SESHNY BROMAC finished 7th and SURF AND SAND 10th.

--

Penalty:

--

Mr Muirhead said the offending was mid-range on the scale of seriousness, that Mr Payne had had four drives this season, six drives last year and 15 drives the year before.  He said Mr Payne was co-operative and he recommended a fine at the lower end of the range - $250.00 to $500.00.  He also said that this was a premier night’s racing.

--

Mr Payne said the film showed it all, and that he didn’t know the other horse was there.  He accepted the penalty submissions of Mr Muirhead.

--

In fixing penalty the Committee takes into account the guilty plea, the offending was mid-range on the scale of seriousness, the submissions of Mr Muirhead, the acceptance of those submissions by Mr Payne, the minimal amount of driving by Mr Payne, the stake money for the race - $72,500 – Rule 1114 (2)(b) - and the recommended starting points for the two rules - $400.00 and/or two week’s suspension for Rule 869(4) and $300.00 fine and/or one week’s suspension for Rule 869(7A)(c).  Balancing all of those matters, and with emphasis on the minimal amount of driving of Mr Payne, a fine of $250.00 is imposed.

--


B. Rowe
CHAIR
67735


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 1114.2.b, 869.4, 869.7A.c


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 452db7f1c5c98aaf86630b050b705ac5


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 3


submittochair:


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meetdate: 11/12/2009


meet_title: Auckland TC - 11 December 2009


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