Auckland TC – 9 April 2010 – R 1

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startdate: 09/04/2010

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hearing_title: Auckland TC - 9 April 2010 - R 1

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr J Muirhead

Defendant:  Mr T Macfarlane

Information No:  68449

Meeting:  Auckland Trotting Club

Date:  9 April 2010

Venue:  Alexandra Park Raceway

Race:  1

Rule No:  869(3)(b)

Judicial Committee:  B Rowe, Chairman – G Jones, Committee Member 

This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr T. Macfarlane, driver of ANTARES, alleging a breach of the above rule in that he drove carelessly when he moved his horse out with 600m to run causing a check to ATTENTION SEEKER driven by Mr A. Neal which broke and then checked ARJAYEM and LEICA FIGHTER. 

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

Mr Muirhead demonstrated the incident by use of the video film.  He said Mr Macfarlane had looked outwards twice and then moved his horse outwards.  ATTENTION SEEKER was outside ANTARES but not on equal terms.  MAHEER MONARCH driven by Mr D. Butcher had improved rapidly and was outside ATTENTION SEEKER.  The outward movement of ANTARES left ATTENTION SEEKER with insufficient room and the front leg of that horse hit the sulky wheel of ANTARES.  ATTENTION SEEKER broke and lost its chance and caused resultant interference to ARJAYEM and LEICA FIGHTER. 

Mr Macfarlane accepted the version of Mr Muirhead.  He said he was unaware that MAHEER MONARCH had improved rapidly and was outside ATTENTION SEEKER.

Penalty:

Mr Muirhead said the recommended starting point was a fine of $400.00 and/or two weeks suspension.  He said the offending was midrange on the scale of seriousness.  He said Mr Macfarlane only had one relevant breach of the Rules recorded against him in the last 12 months.  He said Mr Macfarlane had been caught out by the rapid improvement of MAHEER MONARCH.  He suggested a fine in the vicinity of $400.00. 

Mr Macfarlane accepted the submissions of Mr Muirhead.

In fixing penalty the Committee takes into account the guilty plea, the submissions of Mr Muirhead, the acceptance of those submissions by Mr Macfarlane, the recommended starting point, and the good driving record of Mr Macfarlane.  The Committee views the offending as being below the mid-point on the scale of seriousness because Mr Macfarlane did look outwards twice before moving his horse outwards and he was no doubt caught out by the rapid improvement of MAHEER MONARCH.  The chances of ARJAYEM and LEICA FIGHTER were not affected because they were at the rear of the field at the time of the incident.  Balancing all of those matters, but with emphasis on the fact that Mr Macfarlane was caught out by the rapid improvement of MAHEER MONARCH, a fine of $300.00 is imposed.

B. Rowe                       G Jones

CHAIR                         Committee Member

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hearing_type: Old Hearing

Rules: 869(3)(b)

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raceid: 486802337ea6fec6713a817d851f6999

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race_title: R 1

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meetid: 5c019d901117658161192cc6dcac676c

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meetdate: 09/04/2010

meet_title: Auckland TC - 9 April 2010

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tracklocation: auckland-tc

meet_racingtype: harness-racing

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name: Auckland TC