Auckland TC – 12 March 2010 – Race 3
ID: JCA21731
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 12 March 2010
Race Date:
2010/03/12
Race Number:
Race 3
Decision:
AUCKLAND TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--FRIDAY 12TH MARCH 2010
--JCA PANEL: B. Rowe – Chairman, B. Scott
--RACE NO: 3 INFORMATION NO: 68435 RULE NO: 869 (3)(b)
--This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr P. Young driver of WOT THE OWL alleging a breach of the above rule – careless driving – in that he drove his horse carelessly causing interference to BEAUDIENE CHRISTIAN driven by Mr N. McGrath racing into the first bend.
AUCKLAND TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--FRIDAY 12TH MARCH 2010
--JCA PANEL: B. Rowe – Chairman, B. Scott
--RACE NO: 3 INFORMATION NO: 68435 RULE NO: 869 (3)(b)
--This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr P. Young driver of WOT THE OWL alleging a breach of the above rule – careless driving – in that he drove his horse carelessly causing interference to BEAUDIENE CHRISTIAN driven by Mr N. McGrath racing into the first bend.
--Mr Young denied the breach and was present at the hearing.
--Mr Muirhead gave evidence of his observations of the incident and his interpretations of the video films. He said CAST OFF COURAGE which drew barrier one on the front row began quickly and put half a length on WOT THE OWL which started from barrier two position on the front row. He said Mr Young then moved WOT THE OWL inwards to get on the back of CAST OFF COURAGE but the legs of BEAUDIENE CHRISTIAN were inside the sulky of WOT THE OWL and BEAUDIENE CHRISTIAN was forced over the marker pegs and broke losing its chance. Mr Muirhead said BEAUDIENE CHRISTIAN was being tapped up but was entitled to be there. There was no influence from horses outside WOT THE OWL.
--Mr McGrath said his horse broke because it was pushed down onto the pylons by Mr Young’s horse. He said he was hunting up his horse but was entitled to be there. The front legs of BEAUDIENE CHRISTIAN were at the sulky wheels of Mr Young to begin with and later were further up. He said he was ‘wiped out’. In response to a question from Mr Young, he said that Mr Young pushed him down into the passing lane.
--Mr Young said that after leaving the mobile start he noticed that Mr McGrath had moved into the passing lane and so he took the gap that had been left. He said he called out to Mr McGrath ‘what the hell are you doing?’. He said he knew Mr McGrath would run out of room and go over the marker pegs. He said it was Mr McGrath’s fault. Questioned by Mr Muirhead he acknowledged that he did not ask Mr McGrath about whether or not he heard what he (Mr Young) had called out. He said he did see out of the corner of his eye that Mr McGrath’s horse was there. He said he did not notice the legs of Mr McGrath’s horse inside his wheel because he was looking to the front. He repeated that Mr McGrath was in the passing lane and shouldn’t have been.
--Mr Muirhead summed up his case by saying Mr Young had dictated the line of BEAUDIENE CHRISTIAN and hadn’t allowed enough room for that horse when leaving the straight. This caused BEAUDIENE CHRISTIAN to go over the marker pegs, break up and lose its chance.
--Mr Young summed up by saying that he took a gap behind the leader which had been vacated by Mr McGrath. He said Mr McGrath moved into the passing lane and ended up driving his horse over the marker pegs causing interference to his own horse.
--Decision and Reasons:
--The committee has taken into account all of the evidence given and further viewed the video films. The critical issue is what happened just before and after the winning post. At that stage the legs of BEAUDIENE CHRISTIAN were clearly inside the sulky wheel of Mr Young and he moved inwards knowing that the other horse was there. This inward movement caused BEAUDIENE CHRISTIAN to go over the marker pegs, break and lose all chance. The charge is proven.
--Penalty:
--Mr Muirhead said the recommended starting point was a fine of $400.00 and/or two week’s suspension. He said it was a suspendable breach and suggested a combination of a fine and suspension. He said it was a premier night’s racing and BEAUDIENE CHRISTIAN lost its chance. He said Mr Young had a clear driving record in the last 12 months but had only had 22 drives this season and 26 drives for the whole of last season. He said if there was to be a suspension only, it should be for one month.
--Mr Young said both BEAUDIENE CHRISTIAN and Mr McGrath were partially to blame. He said he still thought he was innocent. He said he preferred a suspension to a fine.
--In fixing penalty the committee takes into account the submissions of Mr Muirhead and Mr Young, the recommended starting point, Mr Young’s clear driving record, the offending was above the mid-point on the scale of seriousness, the stake money for the race (this was a premier night’s racing), the infrequency of Mr Young’s driving and his preference for a suspension rather than a fine.
--Balancing all of those matters, but with emphasis on the fact that the seriousness of this breach warrants a suspension, Mr Young’s horseman’s licence is suspended from the end of racing today until the end of racing on the 9th of April 2010 – that is four weeks.
--B. Rowe
CHAIR
68435
--
--
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: af47d9e176f1989a732c94aa51189e30
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 12/03/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 12 March 2010 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
AUCKLAND TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--FRIDAY 12TH MARCH 2010
--JCA PANEL: B. Rowe – Chairman, B. Scott
--RACE NO: 3 INFORMATION NO: 68435 RULE NO: 869 (3)(b)
--This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr P. Young driver of WOT THE OWL alleging a breach of the above rule – careless driving – in that he drove his horse carelessly causing interference to BEAUDIENE CHRISTIAN driven by Mr N. McGrath racing into the first bend.
AUCKLAND TROTTING CLUB
--RACEDAY JUDICIAL COMMITTEE DECISIONS
--FRIDAY 12TH MARCH 2010
--JCA PANEL: B. Rowe – Chairman, B. Scott
--RACE NO: 3 INFORMATION NO: 68435 RULE NO: 869 (3)(b)
--This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr P. Young driver of WOT THE OWL alleging a breach of the above rule – careless driving – in that he drove his horse carelessly causing interference to BEAUDIENE CHRISTIAN driven by Mr N. McGrath racing into the first bend.
--Mr Young denied the breach and was present at the hearing.
--Mr Muirhead gave evidence of his observations of the incident and his interpretations of the video films. He said CAST OFF COURAGE which drew barrier one on the front row began quickly and put half a length on WOT THE OWL which started from barrier two position on the front row. He said Mr Young then moved WOT THE OWL inwards to get on the back of CAST OFF COURAGE but the legs of BEAUDIENE CHRISTIAN were inside the sulky of WOT THE OWL and BEAUDIENE CHRISTIAN was forced over the marker pegs and broke losing its chance. Mr Muirhead said BEAUDIENE CHRISTIAN was being tapped up but was entitled to be there. There was no influence from horses outside WOT THE OWL.
--Mr McGrath said his horse broke because it was pushed down onto the pylons by Mr Young’s horse. He said he was hunting up his horse but was entitled to be there. The front legs of BEAUDIENE CHRISTIAN were at the sulky wheels of Mr Young to begin with and later were further up. He said he was ‘wiped out’. In response to a question from Mr Young, he said that Mr Young pushed him down into the passing lane.
--Mr Young said that after leaving the mobile start he noticed that Mr McGrath had moved into the passing lane and so he took the gap that had been left. He said he called out to Mr McGrath ‘what the hell are you doing?’. He said he knew Mr McGrath would run out of room and go over the marker pegs. He said it was Mr McGrath’s fault. Questioned by Mr Muirhead he acknowledged that he did not ask Mr McGrath about whether or not he heard what he (Mr Young) had called out. He said he did see out of the corner of his eye that Mr McGrath’s horse was there. He said he did not notice the legs of Mr McGrath’s horse inside his wheel because he was looking to the front. He repeated that Mr McGrath was in the passing lane and shouldn’t have been.
--Mr Muirhead summed up his case by saying Mr Young had dictated the line of BEAUDIENE CHRISTIAN and hadn’t allowed enough room for that horse when leaving the straight. This caused BEAUDIENE CHRISTIAN to go over the marker pegs, break up and lose its chance.
--Mr Young summed up by saying that he took a gap behind the leader which had been vacated by Mr McGrath. He said Mr McGrath moved into the passing lane and ended up driving his horse over the marker pegs causing interference to his own horse.
--Decision and Reasons:
--The committee has taken into account all of the evidence given and further viewed the video films. The critical issue is what happened just before and after the winning post. At that stage the legs of BEAUDIENE CHRISTIAN were clearly inside the sulky wheel of Mr Young and he moved inwards knowing that the other horse was there. This inward movement caused BEAUDIENE CHRISTIAN to go over the marker pegs, break and lose all chance. The charge is proven.
--Penalty:
--Mr Muirhead said the recommended starting point was a fine of $400.00 and/or two week’s suspension. He said it was a suspendable breach and suggested a combination of a fine and suspension. He said it was a premier night’s racing and BEAUDIENE CHRISTIAN lost its chance. He said Mr Young had a clear driving record in the last 12 months but had only had 22 drives this season and 26 drives for the whole of last season. He said if there was to be a suspension only, it should be for one month.
--Mr Young said both BEAUDIENE CHRISTIAN and Mr McGrath were partially to blame. He said he still thought he was innocent. He said he preferred a suspension to a fine.
--In fixing penalty the committee takes into account the submissions of Mr Muirhead and Mr Young, the recommended starting point, Mr Young’s clear driving record, the offending was above the mid-point on the scale of seriousness, the stake money for the race (this was a premier night’s racing), the infrequency of Mr Young’s driving and his preference for a suspension rather than a fine.
--Balancing all of those matters, but with emphasis on the fact that the seriousness of this breach warrants a suspension, Mr Young’s horseman’s licence is suspended from the end of racing today until the end of racing on the 9th of April 2010 – that is four weeks.
--B. Rowe
CHAIR
68435
--
--
sumissionsforpenalty:
reasonsforpenalty:
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hearing_type: Old Hearing
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Informant:
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PersonPresent:
Respondent:
StipendSteward:
raceid: 272a989eb89788af360feade3398e371
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race_title: Race 3
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meetdate: 12/03/2010
meet_title: Auckland TC - 12 March 2010
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