Auckland TC – 31 December 2007 – Race 2

hearingid: 4a2a53ae23660a1e897defbb54d08a63

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hearing_racingtype: harness-racing

startdate: 31/12/2007

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decisiondate: no date provided

hearing_title: Auckland TC - 31 December 2007 - Race 2

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An information lodged by Stipendiary Steward Mr J Muirhead against Junior Driver Mr M White, driver of JAZZ BROMAC alleging a breach of Rule 869 (3) (b) and  Easing Down Regulation in that he drove carelessly attempting to hold a position when not able to do so inside of MAHEER JOY driven by Mr P Ferguson racing into the first bend.  Mr White initially admitted the breach but then sought and was granted leave by the Committee to change his plea to ‘not guilty’.  He was assisted at the hearing by Mr M Jones.

Mr Ferguson said he moved MAHEER JOY inwards after the start – his horse was always ahead of JAZZ BROMAC – he and Mr White were both going for the one out position – Mr White tried to push MAHEER JOY out – the sulky shafts touched – Mr White conceded reasonably quickly – JAZZ BROMAC threw its head in the air and galloped – most horses would not have galloped in that situation – Mr White’s manoeuvre was unwise.

Mr Muirhead said Mr White accelerated his horse to keep MAHEER JOY out – he took a risk that he should not have – the video film showed grit squirting off the sulky wheel of MAHEER JOY for about 60m – MAHEER JOY was always in advance of JAZZ BROMAC – there was pressure, JAZZ BROMAC became unbalanced and broke.  There was pressure from MAHEER JOY as well as from JAZZ BROMAC – both drivers were attempting to get the one out position.

Mr White said he was trying to get in the one out line – thought he had the advantage – the contest didn’t last too long – Mr Ferguson had the wood on him and so he pulled out of the contest – JAZZ BROMAC went rough but didn’t gallop immediately and galloped later.  He acknowledged JAZZ BROMAC had not caused problems previously.

Mr Muirhead summed up in line with the evidence that he had given.  Mr Jones summed up in line with the evidence given by Mr White and referred to Mr Ferguson’s evidence that Mr White relented straight away and that JAZZ BROMAC shouldn’t have galloped.  He said it was a fair racing movement.

DECISION

The committee were satisfied that the video film confirmed that MAHEER JOY was always ahead of JAZZ BROMAC and that Mr White had tried to push MAHEER JOY outwards for at least 40m causing JAZZ BROMAC to become unbalanced and break from its gait.  The committee accepted the evidence of Mr Muirhead and the key parts of the evidence of Mr Ferguson.  The charge is proven.

PENALTY

Mr Muirhead said Mr White had only one breach of the rules recorded against him in the last 12 months – for careless driving in March 2007.  He reminded the committee this was a premier meeting and he suggested a fine of $500.00.  Mr Jones said $500.00 was ‘too steep’ – Mr White had a good record – there was no interference to any other horse – the offending was at the bottom of the scale – JAZZ BROMAC had over-reacted.  He suggested a fine of $250.00.

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

1.         Mr White is a junior driver albeit an experienced one.

2.         Mr White’s very good driving record.

3.         The submissions of Mr Muirhead.

4.         The submissions of Mr Jones.

5.         The offending was mid-range on the scale of seriousness.

6.         The stake money – this is a premier meeting.

7.         The recommended starting point for careless driving is a fine of $400.00 and/or two weeks suspension.

Balancing those matters the committee imposes a fine of $350.00.

B Rowe

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hearing_type: Old Hearing

Rules: 869.3.b

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raceid: 3947f1ea3cc4177f6eff8a81d1bb6abb

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race_title: Race 2

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meetid: 56a38109bd7ea1ef2c3812b16860b9d4

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meetdate: 31/12/2007

meet_title: Auckland TC - 31 December 2007

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tracklocation: auckland-tc

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name: Auckland TC