Bay of Plenty HRC – 25 January 2009 – Race 6
ID: JCA21134
Hearing Type (Code):
harness-racing
Meet Title:
Bay of Plenty HRC - 25 January 2009
Race Date:
2009/01/25
Race Number:
Race 6
Decision:
An information was filed following race number 6, alleging a breach of the rules. The informant was Mr T WTaumanu Stipendiary Steward and the defendant Mr. J.Abernethy. This was an alleged breach of rule 869 (3) (b) “Careless Driving”.
An information was filed following race number 6, alleging a breach of the rules. The informant was Mr T WTaumanu Stipendiary Steward and the defendant Mr. J.Abernethy. This was an alleged breach of rule 869 (3) (b) “Careless Driving”.
--The information stated that horseman Mr.J.Abernethy drove “To The Top”, carelessly striking the sulky of “Wonderland “, (Mr A.G.Herlihy) causing his own horse to break losing considerable ground and his chance.
--Mr.Abernethy did not admit the breach of this rule and was present at the hearing of this information.
--Mr Taumanu showed the video of this incident and the horses involved were identified by Mr Muirhead. Mr Muirhead said in his evidence that Too The Top had got over the crossing and was travelling too close to Wonderland it was clearly visible from the video evidence that Too The Top had broken some three or four stride after going over the crossing.
--Mr Abernethy called Mr Herlihy as his witness and Mr.Herlihy stated that he heard a gurgling noise from the horse on his back which he now knew was Too The Top, Mr Herlihy said in evidence that he had put his head back to stop this horse from running into the back of him and it was then that the horse broke. Mr Herlihy thought this horse may be choking down.
--Mr Abernethy also acknowledged that he was having trouble controlling his horse by this horse pulling hard.
--This hearing was adjourned for a race and on resumption Mr Taumanu sought leave to withdraw the information in view of the evidence given by Mr. Herlihy.
----
Decision and Reasons.
--In accordance with the provisions of Rule 1105 (1) I hereby give leave to withdraw this information .
----
Kevin G Coutts
--Chairman
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: 6e591bc7b551f10e7d56da6538d6fb7b
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 25/01/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Bay of Plenty HRC - 25 January 2009 - Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information was filed following race number 6, alleging a breach of the rules. The informant was Mr T WTaumanu Stipendiary Steward and the defendant Mr. J.Abernethy. This was an alleged breach of rule 869 (3) (b) “Careless Driving”.
An information was filed following race number 6, alleging a breach of the rules. The informant was Mr T WTaumanu Stipendiary Steward and the defendant Mr. J.Abernethy. This was an alleged breach of rule 869 (3) (b) “Careless Driving”.
--The information stated that horseman Mr.J.Abernethy drove “To The Top”, carelessly striking the sulky of “Wonderland “, (Mr A.G.Herlihy) causing his own horse to break losing considerable ground and his chance.
--Mr.Abernethy did not admit the breach of this rule and was present at the hearing of this information.
--Mr Taumanu showed the video of this incident and the horses involved were identified by Mr Muirhead. Mr Muirhead said in his evidence that Too The Top had got over the crossing and was travelling too close to Wonderland it was clearly visible from the video evidence that Too The Top had broken some three or four stride after going over the crossing.
--Mr Abernethy called Mr Herlihy as his witness and Mr.Herlihy stated that he heard a gurgling noise from the horse on his back which he now knew was Too The Top, Mr Herlihy said in evidence that he had put his head back to stop this horse from running into the back of him and it was then that the horse broke. Mr Herlihy thought this horse may be choking down.
--Mr Abernethy also acknowledged that he was having trouble controlling his horse by this horse pulling hard.
--This hearing was adjourned for a race and on resumption Mr Taumanu sought leave to withdraw the information in view of the evidence given by Mr. Herlihy.
----
Decision and Reasons.
--In accordance with the provisions of Rule 1105 (1) I hereby give leave to withdraw this information .
----
Kevin G Coutts
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b, 1105.1
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2a91441d3bb04a5ec47ef885df6d68cc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cc32003b9f3f443eeabd2dad60a06db9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/01/2009
meet_title: Bay of Plenty HRC - 25 January 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: bay-of-plenty-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Bay of Plenty HRC