Cambridge – Te Awamutu HRC – 13 April 2006 –

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startdate: 13/04/2006

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hearing_title: Cambridge - Te Awamutu HRC - 13 April 2006 -

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DECISION & REASONS:

This information alleged a breach of Rule 303 (2) for misconduct in that Nigel Chalmers Holme Call during and after the running of Race 8 misconducted himself by verbally abusing Kayla Jordan Kafelnikov. The breach was not admitted and Mr Chalmers being a Junior Driver was assisted by Horseman Tony Shaw.

Stipendiary Steward J Muirhead who was on patrol during the race described the incident as he had observed it and explained his concern at the way the events had unfolded during and after the race. Adrienne Matthews My Pocket of Hope also gave evidence confirming what she had observed and heard. She said it went on for most of the race and consisted of yelling at Kayla abusively and in a way she described as ?not polite?. At that stage Mr Chalmers, after conferring with Mr Shaw, indicated that he admitted the breach and said he had apologised to Miss Jordan. She confirmed this. 

Mr Taumanu submitted that while it was pleasing to hear that the breach was now admitted it was of concern to the Stipendiary Stewards that such abusive language had been used and particularly that it had gone on for far too long and would have been heard and witnessed by others, not just those involved with the race. It called therefore for a deterrent penalty and he suggested that there should be a fine of at least $500. He confirmed that Mr Chalmers had been driving for two years, he was aged 25 was otherwise driving well and had not previously been in breach of the Rules.

Mr Shaw asked the committee to take into consideration Mr Chalmers good record and that he had only defended the matter at Mr Shaw's suggestion to establish what had occurred for Mr Shaw's benefit. As soon as it became clear an admission had been made and he had apologised to Miss Jordan. It was an isolated incident from which Mr Chalmers had learnt a valuable lesson and was unlikely to occur again. He asked that it be dealt with by a fine rather than suspension.

After considering the above the above the Committee accepted that a fine should be imposed and while accepting Mr Chalmer's admission and apology agreed that there were wider considerations and it was important for him to recognise that and learn from this incident. Accordingly he was ordered to pay the sum of $300.

EF Doherty

CHAIRMAN

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hearing_type: Old Hearing

Rules: 303.2

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