Archive Decision

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Auckland TC – 25 April 2008 – Race 7

ID: JCA22564

Hearing Type:
Old Hearing

Rules:
869.3.b

Hearing Type (Code):
harness-racing

Meet Title:
Auckland TC - 25 April 2008

Race Date:
2008/04/25

Race Number:
Race 7

Decision: An information lodged by Stipendiary Steward Mr J Muirhead against Mrs M Molander driver of MCKAY alleging a breach of Rule 869 (3)(b) – Careless Driving – in that she allowed MCKAY to strike the sulky wheel of HE’S MY HERO

An information lodged by Stipendiary Steward Mr J Muirhead against Mrs M Molander driver of MCKAY alleging a breach of Rule 869 (3)(b) – Careless Driving – in that she allowed MCKAY to strike the sulky wheel of HE’S MY HERO driven by Mr M McKendry with approximately 900m left to run thereby affecting the chances of that horse. 

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Mrs Molander admitted the breach and was present at the hearing.  Mr Muirhead asked the Committee to accept the evidence from the protest hearing as evidence in this hearing.  He commented that he did not accept that there was an easing of the pace at the time of the incident.  He recommended a fine in the vicinity of $250.00 - $500.00.  Mrs Molander said there was an easing of the pace, the horse was being lazy and she urged it to keep up but then the horse did not come back to her when she wanted it to; the horse was wearing a shadow roll and was racing greenly.  She asked for the lightest fine possible.  Mr Muirhead said that Mrs Molander had a clear driving record.

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PENALTY :

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In fixing penalty the Committee took into account the following matters :

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1.         The guilty plea.

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2.         Mrs Molander’s clear driving record.

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3.         The submissions of Mr Muirhead.

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4.         The submissions of Mrs Molander.

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5.         That the offending was just above the midpoint on the scale of seriousness.

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6.         That a relegation resulted.

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7.         The contributory factors referred to by Mrs Molander.

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8.         The starting point for a breach of this Rule where a relegation results is $600.00 or a suspension of three weeks.

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Balancing those matters the Committee imposes a fine of $450.00.

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B Rowe

Chairman

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: f5541742eef0c18c4a5fcc04ce526fa5


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 25/04/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Auckland TC - 25 April 2008 - Race 7


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

An information lodged by Stipendiary Steward Mr J Muirhead against Mrs M Molander driver of MCKAY alleging a breach of Rule 869 (3)(b) – Careless Driving – in that she allowed MCKAY to strike the sulky wheel of HE’S MY HERO

An information lodged by Stipendiary Steward Mr J Muirhead against Mrs M Molander driver of MCKAY alleging a breach of Rule 869 (3)(b) – Careless Driving – in that she allowed MCKAY to strike the sulky wheel of HE’S MY HERO driven by Mr M McKendry with approximately 900m left to run thereby affecting the chances of that horse. 

--

Mrs Molander admitted the breach and was present at the hearing.  Mr Muirhead asked the Committee to accept the evidence from the protest hearing as evidence in this hearing.  He commented that he did not accept that there was an easing of the pace at the time of the incident.  He recommended a fine in the vicinity of $250.00 - $500.00.  Mrs Molander said there was an easing of the pace, the horse was being lazy and she urged it to keep up but then the horse did not come back to her when she wanted it to; the horse was wearing a shadow roll and was racing greenly.  She asked for the lightest fine possible.  Mr Muirhead said that Mrs Molander had a clear driving record.

--

 

--

PENALTY :

--

In fixing penalty the Committee took into account the following matters :

--

1.         The guilty plea.

--

2.         Mrs Molander’s clear driving record.

--

3.         The submissions of Mr Muirhead.

--

4.         The submissions of Mrs Molander.

--

5.         That the offending was just above the midpoint on the scale of seriousness.

--

6.         That a relegation resulted.

--

7.         The contributory factors referred to by Mrs Molander.

--

8.         The starting point for a breach of this Rule where a relegation results is $600.00 or a suspension of three weeks.

--

 

--

Balancing those matters the Committee imposes a fine of $450.00.

--

 

--

B Rowe

Chairman

sumissionsforpenalty:


reasonsforpenalty:


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hearing_type: Old Hearing


Rules: 869.3.b


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raceid: c29be7ef5886537ae5351ab0c3a4aa62


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race_title: Race 7


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meetdate: 25/04/2008


meet_title: Auckland TC - 25 April 2008


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name: Auckland TC