Archive Decision

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Auckland TC 18 December 2015 – R 1 – Chair, Mr B Scott

ID: JCA16521

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Mr MW McKendry - Licensed Open Horseman

Other Person:
Mr N McIntyre - Co-Chief Stipendiary Steward

Information Number:
A7437

Hearing Type:
Hearing

New Charge:
Breach of the push out rule.

Rules:
Rule 869(4)(6)(b)(c)

Plea:
admitted

Meet Title:
Auckland TC - 18 December 2015

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Race Date:
2015/12/18

Race Number:
R1

Decision:

The breach is admitted and therefore the charge is upheld.

Penalty:

We impose a fine of $200.00 on Mr McKendry.

Facts:

Following the running of the CULLEN BREEDING MOBILE TROT an Information was lodged by Stipendiary Steward, Mr S Mulcay against Open Horseman, Mr MW McKendry alleging that Mr McKendry (driving SIR RICHIE) shifted ground outwards passing the 1600 metres mark forcing PEPE BROMAC wider on the track.

Mr McKendry advised the Committee that he admitted the breach and he did not wish to be present at the hearing.

Co-Chief Stipendiary Steward, Mr N McIntyre demonstrated the incident by use of the race films and showed that at about the 1600 metres mark Mr Butcher was 2 wide and Mr McKendry moved out and in doing so pushed Mr Butcher's horse 3 wide.

Submissions for Penalty:

Mr Mulcay referred to the JCA Guidelines which provide for a suspension of Licence for 5 drives or a $250.00 fine.

He said that Mr McKendry had a clear record under this Rule and he should be given credit for that . He also said that Mr McKendry should also be given credit for his admission of the breach.

He submitted that a fine of $200.00 was appropriate.

Reasons for Penalty:

The films show the incident very clearly and show a clear breach of the " pushout rule" Mr McKendry has admitted the breach but on the basis of the film evidence he had to. We have given him credit for his good record under this rule and we have noted that he is a busy and experienced driver.

Taking all factors into account we believe that a fine of $200.00 is appropriate.

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: bec424f05f267e6425de6e494c326552


informantnumber: A7437


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of the push out rule.


plea: admitted


penaltyrequired: 1


decisiondate: 28/12/2015


hearing_title: Auckland TC 18 December 2015 - R 1 - Chair, Mr B Scott


charge:


facts:

Following the running of the CULLEN BREEDING MOBILE TROT an Information was lodged by Stipendiary Steward, Mr S Mulcay against Open Horseman, Mr MW McKendry alleging that Mr McKendry (driving SIR RICHIE) shifted ground outwards passing the 1600 metres mark forcing PEPE BROMAC wider on the track.

Mr McKendry advised the Committee that he admitted the breach and he did not wish to be present at the hearing.

Co-Chief Stipendiary Steward, Mr N McIntyre demonstrated the incident by use of the race films and showed that at about the 1600 metres mark Mr Butcher was 2 wide and Mr McKendry moved out and in doing so pushed Mr Butcher's horse 3 wide.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and therefore the charge is upheld.


sumissionsforpenalty:

Mr Mulcay referred to the JCA Guidelines which provide for a suspension of Licence for 5 drives or a $250.00 fine.

He said that Mr McKendry had a clear record under this Rule and he should be given credit for that . He also said that Mr McKendry should also be given credit for his admission of the breach.

He submitted that a fine of $200.00 was appropriate.


reasonsforpenalty:

The films show the incident very clearly and show a clear breach of the " pushout rule" Mr McKendry has admitted the breach but on the basis of the film evidence he had to. We have given him credit for his good record under this rule and we have noted that he is a busy and experienced driver.

Taking all factors into account we believe that a fine of $200.00 is appropriate.


penalty:

We impose a fine of $200.00 on Mr McKendry.


hearing_type: Hearing


Rules: Rule 869(4)(6)(b)(c)


Informant: Mr S Mulcay - Stipendiary Steward


JockeysandTrainer: Mr MW McKendry - Licensed Open Horseman


Otherperson: Mr N McIntyre - Co-Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 8ae5d124ff834c1505c962b2b5a91f97


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c048ce0396f819d12832bdd53946d8b4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/12/2015


meet_title: Auckland TC - 18 December 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: AGodsalve


meet_pm2: none


name: Auckland TC