Archive Decision

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Auckland TC 3 December 2010 – R 10

ID: JCA16989

Applicant:
TW Taumanu

Respondent(s):
FD Cooney

Information Number:
68925

Hearing Type:
Hearing

Rules:
869(4)

Plea:
admitted

Meet Title:
Auckland TC - 3 December 2010

Meet Chair:
BScott

Meet Committee Member 1:
GJones

Race Date:
2010/12/03

Race Number:
R 10

Decision:

The Charge having been admitted is accordingly proved.

Penalty:

The Committee imposes a fine of $250.00 on Mr Cooney.

Charge:

Driving ROWLON THE DREAM carelessly when crossing over at the start of the Race and tightening ANVIL JUSTICE (Driver I Brownlee) for racing room.

Facts:

Stipendiary Steward Mr TW Taumanu lodged an Information alleging that horseman Mr FD Cooney when driving ROWLON THE DREAM in Race 10 drove carelessly when he crossed over at the start tightening ANVIL JUSTICE (Driver I Brownlee) for racing room and locking sulky wheels racing into the first turn.

Mr Cooney appeared at the Hearing and admitted the charge. Mr Cooney also acknowledged that he understood the Rule.

Mr Taumanu demonstrated the incident by use of the video films which clearly showed Mr Cooney crossing over from the outside of the front line and tightening up Mr Brownlee’s horse which had drawn one on the second line.
Mr Cooney said he was going to cross to try and get the trail and he thought he could get there but Mr Brownlee had slapped his horse up to keep Mr Cooney out and get the trail himself. He said he took corrective action but acknowledged that he was a bit late. Mr Cooney also acknowledged that Mr Brownlee was entitled to be where he was.

Submissions for Penalty:

Mr Taumanu referred to the JCA Guidelines and submitted that a fine of $200.00 to $300.00 was appropriate. He also said that the incident was at the lower end of the scale and that Mr Cooney had a very good record.
Mr Cooney asked that the mitigating factors be taken into account.

Reasons for Penalty:

Mr Cooney is to be given credit for admitting the charge and also his very good record. The Committee notes Mr Taumanu’s advice that this matter is at the lower end of the scale of seriousness but the Committee is also mindful of the fact that the chances of 2 horses were affected by this incident and this needs to be taken into account. The Committee believes that a fine of $250.00 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: bdc5b58f85a36c61992e4ba33019b196


informantnumber: 68925


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2010


hearing_title: Auckland TC 3 December 2010 - R 10


charge:

Driving ROWLON THE DREAM carelessly when crossing over at the start of the Race and tightening ANVIL JUSTICE (Driver I Brownlee) for racing room.


facts:

Stipendiary Steward Mr TW Taumanu lodged an Information alleging that horseman Mr FD Cooney when driving ROWLON THE DREAM in Race 10 drove carelessly when he crossed over at the start tightening ANVIL JUSTICE (Driver I Brownlee) for racing room and locking sulky wheels racing into the first turn.

Mr Cooney appeared at the Hearing and admitted the charge. Mr Cooney also acknowledged that he understood the Rule.

Mr Taumanu demonstrated the incident by use of the video films which clearly showed Mr Cooney crossing over from the outside of the front line and tightening up Mr Brownlee’s horse which had drawn one on the second line.
Mr Cooney said he was going to cross to try and get the trail and he thought he could get there but Mr Brownlee had slapped his horse up to keep Mr Cooney out and get the trail himself. He said he took corrective action but acknowledged that he was a bit late. Mr Cooney also acknowledged that Mr Brownlee was entitled to be where he was.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The Charge having been admitted is accordingly proved.


sumissionsforpenalty:

Mr Taumanu referred to the JCA Guidelines and submitted that a fine of $200.00 to $300.00 was appropriate. He also said that the incident was at the lower end of the scale and that Mr Cooney had a very good record.
Mr Cooney asked that the mitigating factors be taken into account.


reasonsforpenalty:

Mr Cooney is to be given credit for admitting the charge and also his very good record. The Committee notes Mr Taumanu’s advice that this matter is at the lower end of the scale of seriousness but the Committee is also mindful of the fact that the chances of 2 horses were affected by this incident and this needs to be taken into account. The Committee believes that a fine of $250.00 is appropriate.


penalty:

The Committee imposes a fine of $250.00 on Mr Cooney.


hearing_type: Hearing


Rules: 869(4)


Informant: TW Taumanu


JockeysandTrainer: FD Cooney


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ae8e8bd5121993db48e5e54f9421ba2a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0ea3b83f10f0f9a695262645bb6a57cd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 1


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/12/2010


meet_title: Auckland TC - 3 December 2010


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: GJones


meet_pm2: none


name: Auckland TC