Auckland TC – 5 June 2009 – Race 4
ID: JCA18309
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 5 June 2009
Race Date:
2009/06/05
Race Number:
Race 4
Decision:
An information field by Stipendiary Steward Mr J. Muirhead against Mr F Phelan driver of ANOTHER CALL alleging a breach of rule 869(3)(b) – careless driving – in that he drove his horse carelessly when attempting to move MONICAS REVENGE driven by Mr G Robb outwards with 500 metres to run, causing ANOTHER CALL to break.
An information field by Stipendiary Steward Mr J. Muirhead against Mr F Phelan driver of ANOTHER CALL alleging a breach of rule 869(3)(b) – careless driving – in that he drove his horse carelessly when attempting to move MONICAS REVENGE driven by Mr G Robb outwards with 500 metres to run, causing ANOTHER CALL to break. Mr Phelan admitted the breach and did not wish to be present at the hearing.
--Mr Muirhead showed the video film of the incident. Mr Phelan attempted to move MONICAS REVENGE outwards when not in a position to do so. Mr Muirhead said Mr Phelan was attempting to move into a position where there was insufficient room. ANOTHER CALL broke and lost its chance.
--PENALTY:
--Mr Muirhead said Mr Phelan had a clear driving record but he drove very infrequently. He said it was a poor piece of driving. He suggested a 3 week suspension.
--In fixing penalty the committee takes into account the following:
--1. The guilty plea – but this was somewhat inevitable.
2. The clear driving record.
3. The infrequency of Mr Phelan’s driving.
4. The submissions of Mr Muirhead.
5. The recommended starting point of 2 weeks suspension and/or a fine of $400.
6. The offending was above the midpoint on the scale of seriousness.
Balancing those matters and with emphasis on the poor standard of the drive and the infrequency of Mr Phelan’s driving, the committee suspends Mr Phelan’s horsemans licence from the end of racing today until the end of racing on 3 July 2009 – effectively 4 weeks.
B. Rowe
Chair
67676
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: 01d0a2ee3a16f358d79a4f66039c1210
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 05/06/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 5 June 2009 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information field by Stipendiary Steward Mr J. Muirhead against Mr F Phelan driver of ANOTHER CALL alleging a breach of rule 869(3)(b) – careless driving – in that he drove his horse carelessly when attempting to move MONICAS REVENGE driven by Mr G Robb outwards with 500 metres to run, causing ANOTHER CALL to break.
An information field by Stipendiary Steward Mr J. Muirhead against Mr F Phelan driver of ANOTHER CALL alleging a breach of rule 869(3)(b) – careless driving – in that he drove his horse carelessly when attempting to move MONICAS REVENGE driven by Mr G Robb outwards with 500 metres to run, causing ANOTHER CALL to break. Mr Phelan admitted the breach and did not wish to be present at the hearing.
--Mr Muirhead showed the video film of the incident. Mr Phelan attempted to move MONICAS REVENGE outwards when not in a position to do so. Mr Muirhead said Mr Phelan was attempting to move into a position where there was insufficient room. ANOTHER CALL broke and lost its chance.
--PENALTY:
--Mr Muirhead said Mr Phelan had a clear driving record but he drove very infrequently. He said it was a poor piece of driving. He suggested a 3 week suspension.
--In fixing penalty the committee takes into account the following:
--1. The guilty plea – but this was somewhat inevitable.
2. The clear driving record.
3. The infrequency of Mr Phelan’s driving.
4. The submissions of Mr Muirhead.
5. The recommended starting point of 2 weeks suspension and/or a fine of $400.
6. The offending was above the midpoint on the scale of seriousness.
Balancing those matters and with emphasis on the poor standard of the drive and the infrequency of Mr Phelan’s driving, the committee suspends Mr Phelan’s horsemans licence from the end of racing today until the end of racing on 3 July 2009 – effectively 4 weeks.
B. Rowe
Chair
67676
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9c15d06d96520e0ab35f5264edb9ecd1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b16ff723288963e1664449c56026a74f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/06/2009
meet_title: Auckland TC - 5 June 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Auckland TC