Auckland TC – 28 September 2007 – Race 5
ID: JCA19583
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 28 September 2007
Race Date:
2007/09/28
Race Number:
Race 5
Decision:
An Information lodged by Stipendiary Steward Mr J M Muirhead against Mr S Phelan driver of POWER OF TARA alleging a breach of Rule 869 (3) (b) - careless driving -
--
DECISION & REASONS
--An Information lodged by Stipendiary Steward Mr J M Muirhead against Mr S Phelan driver of POWER OF TARA alleging a breach of Rule 869 (3) (b) - careless driving - in that he drove his horse carelessly when improving forward from three wide inwards to two wide with just over 1000m to run when insufficiently clear of METEKHI driven by Mr D Butcher, resulting in the sulky wheel of POWER OF TARA being struck and the horse then having to pull a flat tyre for the last 1000m of the race.
--Mr Phelan admitted the breach and was present at the hearing. Mr Muirhead showed the video film of the incident. He said that 'there was not a lot in it, it was a slight miscalculation'. Mr Phelan said the horse was racing with a lot of gear and that it hung in a bit.
--PENALTY
--Mr Muirhead said that he would normally ask for a $250.00 fine but in these circumstances he recommended a fine of $200.00. Mr Phelan asked for the least fine possible and said 'there was not much in it'. In fixing penalty I took into account the following matters :
--- --
- The guilty plea. --
- Mr Phelan's clear driving record - no breaches recorded against him in the last 12 months. --
- The submissions of Mr Muirhead. --
- The submissions of Mr Phelan. --
- The offending was at the very lower end of the scale.
Balancing all of those matters, I imposed a fine of $200.00.
--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: 41cac1c8a92d18d96b8c44323570e15f
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 28/09/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 28 September 2007 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An Information lodged by Stipendiary Steward Mr J M Muirhead against Mr S Phelan driver of POWER OF TARA alleging a breach of Rule 869 (3) (b) - careless driving -
--
DECISION & REASONS
--An Information lodged by Stipendiary Steward Mr J M Muirhead against Mr S Phelan driver of POWER OF TARA alleging a breach of Rule 869 (3) (b) - careless driving - in that he drove his horse carelessly when improving forward from three wide inwards to two wide with just over 1000m to run when insufficiently clear of METEKHI driven by Mr D Butcher, resulting in the sulky wheel of POWER OF TARA being struck and the horse then having to pull a flat tyre for the last 1000m of the race.
--Mr Phelan admitted the breach and was present at the hearing. Mr Muirhead showed the video film of the incident. He said that 'there was not a lot in it, it was a slight miscalculation'. Mr Phelan said the horse was racing with a lot of gear and that it hung in a bit.
--PENALTY
--Mr Muirhead said that he would normally ask for a $250.00 fine but in these circumstances he recommended a fine of $200.00. Mr Phelan asked for the least fine possible and said 'there was not much in it'. In fixing penalty I took into account the following matters :
--- --
- The guilty plea. --
- Mr Phelan's clear driving record - no breaches recorded against him in the last 12 months. --
- The submissions of Mr Muirhead. --
- The submissions of Mr Phelan. --
- The offending was at the very lower end of the scale.
Balancing all of those matters, I imposed a fine of $200.00.
--B Rowe
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0f680b4f116cd4fdd715f4af5c3a3d88
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c5af0ab213dd3f29232d0d3349efb558
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/09/2007
meet_title: Auckland TC - 28 September 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Auckland TC