Auckland TC – 3 November 2006 –
ID: JCA20055
Hearing Type (Code):
harness-racing
Decision: --
An information was lodged by Stipendiary Steward Mr JM Muirhead against Mr J Abernethy Driver of Smoke n Mirrors alleging a breach of Rule 869(3)(b) - Careless Driving
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An information was lodged by Stipendiary Steward Mr JM Muirhead against Mr J Abernethy Driver of Smoke n Mirrors alleging a breach of Rule 869(3)(b) ? careless driving ? in that he drove Smoke n Mirrors carelessly when he allowed Smoke n Mirrors to move inwards when not sufficiently clear checking Bute Sister (J Cox Driver) and resulting in further check to Twilight Beauty (AG Herlihy Driver) racing into the first turn. Mr Abernethy admitted the breach and was present at the Hearing.
----The relevant Rule was read to Mr Abernethy and he was asked if he understood the Rule and he acknowledged doing so.
----Mr Abernethy as a Junior Driver was supported by Senior Driver Mr DJ Butcher.
----The parties agreed that the evidence given at the Protest Hearing into the placing of Smoke n Mirrors would be used in this Hearing.
----Mr Butcher said that he had spoken with Mr Abernethy and that they had looked at the film on several occasions and Mr Butcher explained to Mr Abernethy what he had done wrong.
----PENALTY
----Mr Muirhead drew the Committee's attention to Rule 1114 and in particular paragraph 2 of that Rule. Mr Muirhead suggested a two day suspension or a $500.00 fine would be an appropriate penalty.
----Mr Butcher asked the Committee to see fit to impose a fine on Mr Abernethy on the basis that he had drives organised for the next two or three meetings coming up and that he had also realised his error in this incident.
----In fixing the penalty the Committee took into account the following matters:
----1. The guilty plea.
--2. The submissions of Mr Muirhead.
--3. The submissions of Mr Butcher.
--4. The scale of the offence.
----Balancing those matters the Committee decided to impose a fine of $400.00 on Mr Abernethy.
------
BJ Scott EF Doherty
--Chairman
------
Decision Date: 03/11/2006
Publish Date: 03/11/2006
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: 69396566eba4230d605ee4a72291c42a
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 03/11/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 3 November 2006 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--An information was lodged by Stipendiary Steward Mr JM Muirhead against Mr J Abernethy Driver of Smoke n Mirrors alleging a breach of Rule 869(3)(b) - Careless Driving
------------ --
--
An information was lodged by Stipendiary Steward Mr JM Muirhead against Mr J Abernethy Driver of Smoke n Mirrors alleging a breach of Rule 869(3)(b) ? careless driving ? in that he drove Smoke n Mirrors carelessly when he allowed Smoke n Mirrors to move inwards when not sufficiently clear checking Bute Sister (J Cox Driver) and resulting in further check to Twilight Beauty (AG Herlihy Driver) racing into the first turn. Mr Abernethy admitted the breach and was present at the Hearing.
----The relevant Rule was read to Mr Abernethy and he was asked if he understood the Rule and he acknowledged doing so.
----Mr Abernethy as a Junior Driver was supported by Senior Driver Mr DJ Butcher.
----The parties agreed that the evidence given at the Protest Hearing into the placing of Smoke n Mirrors would be used in this Hearing.
----Mr Butcher said that he had spoken with Mr Abernethy and that they had looked at the film on several occasions and Mr Butcher explained to Mr Abernethy what he had done wrong.
----PENALTY
----Mr Muirhead drew the Committee's attention to Rule 1114 and in particular paragraph 2 of that Rule. Mr Muirhead suggested a two day suspension or a $500.00 fine would be an appropriate penalty.
----Mr Butcher asked the Committee to see fit to impose a fine on Mr Abernethy on the basis that he had drives organised for the next two or three meetings coming up and that he had also realised his error in this incident.
----In fixing the penalty the Committee took into account the following matters:
----1. The guilty plea.
--2. The submissions of Mr Muirhead.
--3. The submissions of Mr Butcher.
--4. The scale of the offence.
----Balancing those matters the Committee decided to impose a fine of $400.00 on Mr Abernethy.
------
BJ Scott EF Doherty
--Chairman
------
sumissionsforpenalty:
reasonsforpenalty:
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hearing_type: Old Hearing
Rules: 869.3.b
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