Archive Decision

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Auckland TC – 15 July 2005 –

ID: JCA20678

Hearing Type:
Old Hearing

Hearing Type (Code):
harness-racing

Decision: --

Following the running of Race 9 an information was lodged by Stipendiary Steward Mr J MUIRHEAD alleging Horseman Mr M McKENDRY came to the mobile gate with RASSMUSSEN FACTOR into barrier position 3 instead of position 4 on the second line preventing HIGHLY OPERATIVE (N THORN) taking its correct position



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Following the running of Race 9 an information was lodged by Stipendiary Steward Mr J MUIRHEAD alleging Horseman Mr M McKENDRY came to the mobile gate with RASSMUSSEN FACTOR into barrier position 3 instead of position 4 on the second line preventing HIGHLY OPERATIVE (N THORN) taking its correct position

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Mr McKENDRY admitted the breach and was present for the Hearing.

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Evidence was given by Mr Muirhead supported by Videotapes of the start, which clearly showed Mr Mc Kendry forming up in the incorrect position, which resulted in Miss Thorn unable to start properly in the second line.

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Mr Muirhead also stated that the action had not affected any stake bearing positions.

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Mr McKENDRY freely admitted the breach and in explanation said that he mistakenly thought he had drawn

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Position three on the second line.

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Finding the charge proven Mr MUIRHEAD in submissions on penalty suggested that such a breach would normally attract a 2 day suspension and a fine. On this occasion with the minimal affect on others he sought a fine of $200.

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There was no record of similar offending in the past 12 months.

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Mr MCKENDRY in response suggested that over the winter months income was reduced and suggested a fine of $100 would be more palatable.

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Taking into account Mr Mckendry's early and frank admission of guilty, his driving record, the minimal adverse effect his actions had on the field and the submissions by both parties on penalty a fine of $200 was applied

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Decision Date: 15/07/2005

Publish Date: 15/07/2005

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: 782cb15ada9173452f0697b699befeb3


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 15/07/2005


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Auckland TC - 15 July 2005 -


charge:


facts:


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Decision:

--

Following the running of Race 9 an information was lodged by Stipendiary Steward Mr J MUIRHEAD alleging Horseman Mr M McKENDRY came to the mobile gate with RASSMUSSEN FACTOR into barrier position 3 instead of position 4 on the second line preventing HIGHLY OPERATIVE (N THORN) taking its correct position



----------
--

Following the running of Race 9 an information was lodged by Stipendiary Steward Mr J MUIRHEAD alleging Horseman Mr M McKENDRY came to the mobile gate with RASSMUSSEN FACTOR into barrier position 3 instead of position 4 on the second line preventing HIGHLY OPERATIVE (N THORN) taking its correct position

--

--

Mr McKENDRY admitted the breach and was present for the Hearing.

--

--

Evidence was given by Mr Muirhead supported by Videotapes of the start, which clearly showed Mr Mc Kendry forming up in the incorrect position, which resulted in Miss Thorn unable to start properly in the second line.

--

--

Mr Muirhead also stated that the action had not affected any stake bearing positions.

--

--

Mr McKENDRY freely admitted the breach and in explanation said that he mistakenly thought he had drawn

--

Position three on the second line.

--

--

Finding the charge proven Mr MUIRHEAD in submissions on penalty suggested that such a breach would normally attract a 2 day suspension and a fine. On this occasion with the minimal affect on others he sought a fine of $200.

--

--

There was no record of similar offending in the past 12 months.

--

--

Mr MCKENDRY in response suggested that over the winter months income was reduced and suggested a fine of $100 would be more palatable.

--

--

Taking into account Mr Mckendry's early and frank admission of guilty, his driving record, the minimal adverse effect his actions had on the field and the submissions by both parties on penalty a fine of $200 was applied

--

--

 

--

 

--

 

--

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