Archive Decision

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Auckland TC – 30 April 2010 – R 4

ID: JCA21569

Hearing Type:
Old Hearing

Rules:
869 (3) (b)

Hearing Type (Code):
harness-racing

Meet Title:
Auckland TC - 30 April 2010

Meet Chair:
tom

Meet Committee Member 1:
tom

Meet Committee Member 2:
tom

Race Date:
2010/04/30

Race Number:
R 4

Decision: --

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant:  Mr J Muirhead – Stipendiary Steward

--

Defendant:  Mr J Robinson

--

Information No:  68604

--

Meeting:  Auckland Trotting Club

--

Date:  30 April 2010

--

Venue:  Alexandra Park

--

Race:  4

--

Rule No:  869 (3) (b)

--

Judicial Committee:  Mr B Rowe, Chairman – Mr B Scott, Committee Member 

--

Plea:  Admitted

--

 

--

This is an information filed by Stipendiary Steward Mr J MUIRHEAD against Mr J ROBINSON driver of NOBLESSE ROYALE alleging a breach of the above rule in that he drove his horse carelessly causing interference to FLOJO TWO driven by Mr S LAWSON with resultant interference to CHARDANAE driven by Mr T MacFARLANE with about 900metres to run.

--

 

--

Mr ROBINSON admitted the breach and was present at the hearing. 

--

 

--

Mr MUIRHEAD showed the film of the incident.  He said FLOJO TWO moved outwards from the one out position.  NOBLESSE ROYALE improved quickly outside and past FLOJO TWO.  FLOJO TWO was tightened and broke and came back on CHARDANAE which also broke.  Both of those two horses lost ground and momentum at a time when they were looking to improve forward in the field.  Mr MUIRHEAD said CHARDANAE recovered to finish 4th and but for the interference would likely have finished in a higher placing. 

--

 

--

Mr ROBINSON said he was pushed out and thought he was entitled to hold his position. 

--

 

--

Mr MUIRHEAD said the quick forward movement of NOBLESSE ROYALE was a mitigating factor.

--

 

--

PENALTY

--

Mr MUIRHEAD said Mr ROBINSON had no breaches of the rules recorded against him in the last 12months.  He said the offending was mid-point on the scale of seriousness, the recommended starting point for penalty was a fine of $400 and/or 2 weeks suspension, and the quick improvement of NOBLESSE ROYALE was a mitigating factor. 

--

 

--

Mr ROBINSON said he had had 12 drives in the last 12months and would prefer a suspension to a fine. 

--

 

--

In fixing penalty the committee takes into account the guilty plea, the submissions of Mr MUIRHEAD and Mr ROBINSON, the recommended starting point, the offending was mid-point on the scale of seriousness, Mr ROBINSON’s clear driving record, the stake payable for the race ($20.000) – rule 1114 (2) (b) – and that the chances of two horses  were affected. 

--

 

--

Balancing those matters but with emphasis on the fact that Mr ROBINSON drives infrequently, that the chances of two horses were affected and the stake money, a fine of $350 is imposed

--

 

--

 

--

B Rowe                        B Scott

--

CHAIR                         Committee Member

--

68604

--

 

--

 

--

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: d38fcc8a2aa514236ef9c6185e79f731


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 30/04/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Auckland TC - 30 April 2010 - R 4


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant:  Mr J Muirhead – Stipendiary Steward

--

Defendant:  Mr J Robinson

--

Information No:  68604

--

Meeting:  Auckland Trotting Club

--

Date:  30 April 2010

--

Venue:  Alexandra Park

--

Race:  4

--

Rule No:  869 (3) (b)

--

Judicial Committee:  Mr B Rowe, Chairman – Mr B Scott, Committee Member 

--

Plea:  Admitted

--

 

--

This is an information filed by Stipendiary Steward Mr J MUIRHEAD against Mr J ROBINSON driver of NOBLESSE ROYALE alleging a breach of the above rule in that he drove his horse carelessly causing interference to FLOJO TWO driven by Mr S LAWSON with resultant interference to CHARDANAE driven by Mr T MacFARLANE with about 900metres to run.

--

 

--

Mr ROBINSON admitted the breach and was present at the hearing. 

--

 

--

Mr MUIRHEAD showed the film of the incident.  He said FLOJO TWO moved outwards from the one out position.  NOBLESSE ROYALE improved quickly outside and past FLOJO TWO.  FLOJO TWO was tightened and broke and came back on CHARDANAE which also broke.  Both of those two horses lost ground and momentum at a time when they were looking to improve forward in the field.  Mr MUIRHEAD said CHARDANAE recovered to finish 4th and but for the interference would likely have finished in a higher placing. 

--

 

--

Mr ROBINSON said he was pushed out and thought he was entitled to hold his position. 

--

 

--

Mr MUIRHEAD said the quick forward movement of NOBLESSE ROYALE was a mitigating factor.

--

 

--

PENALTY

--

Mr MUIRHEAD said Mr ROBINSON had no breaches of the rules recorded against him in the last 12months.  He said the offending was mid-point on the scale of seriousness, the recommended starting point for penalty was a fine of $400 and/or 2 weeks suspension, and the quick improvement of NOBLESSE ROYALE was a mitigating factor. 

--

 

--

Mr ROBINSON said he had had 12 drives in the last 12months and would prefer a suspension to a fine. 

--

 

--

In fixing penalty the committee takes into account the guilty plea, the submissions of Mr MUIRHEAD and Mr ROBINSON, the recommended starting point, the offending was mid-point on the scale of seriousness, Mr ROBINSON’s clear driving record, the stake payable for the race ($20.000) – rule 1114 (2) (b) – and that the chances of two horses  were affected. 

--

 

--

Balancing those matters but with emphasis on the fact that Mr ROBINSON drives infrequently, that the chances of two horses were affected and the stake money, a fine of $350 is imposed

--

 

--

 

--

B Rowe                        B Scott

--

CHAIR                         Committee Member

--

68604

--

 

--

 

--

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869 (3) (b)


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 18290ba4d05daf1abe625626137ee82c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


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meetid: c6986c8d2441238bcba3214213e15898


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meet_emailed2: 0


meetdate: 30/04/2010


meet_title: Auckland TC - 30 April 2010


meet_expappcomment:


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tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: tom


meet_pm1: tom


meet_pm2: tom


name: Auckland TC