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Cambridge-Te Awamutu HRC 13 January 2012 – R 6

ID: JCA13371

Applicant:
Mr TW Taumanu - Stipendiary Steward

Respondent(s):
Mr D Branch - Junior Horseman

Other Person:
Mr JM Stormont - Senior Horseman assisting Mr Branch

Information Number:
69018

Hearing Type:
Hearing

Rules:
Rule 869(3)(b)

Plea:
admitted

Meet Title:
Cambridge - Te Awamutu HRC - 13 January 2012

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Race Date:
2012/01/13

Race Number:
R6

Decision:

The charge having been admitted is accordingly proved.

Penalty:

The Committee orders that Mr Branch's Junior Horseman's Licence is suspended from the conclusion of racing on the 15th of January 2012 up to and including the 29th of January 2012.

Charge:

Breach of Rule 869(3)(b)  Careless Driving.

Facts:

An Information was lodged by Stipendiary Steward Mr TW Taumanu against Junior Horseman Mr D Branch alleging that as the Driver of TEMEPARA CULLEN he drove carelessly when he allowed his horse to climb into the back of the sulky of SOUTHWIND ARDEN (Driver M Purdon ) with approximately 1200 metres to run causing his own horse to break and also causing a check to NOTHINGSWEETABOUTME (Driver J Abernethy ) and causing WORLD OF DREAMS (Driver M McKendry) to take evasive action.

Mr Branch was present at the Hearing and he advised this Committee that he admitted the charge. Mr Branch was assisted by Senior Horseman Mr JM Stormont.

Mr Taumanu demonstrated the incident by use of the video films and showed where Mr Branch was close up behind SOUTHWIND ARDEN and he then hit the back of Mr Purdon's sulky and looked to climb over a wheel. This caused interference to his own horse and resultant interference to NOTHINGSWEETABOUTME and WORLD OF DREAMS.

Mr Branch said that although he admitted the breach his horse was not racing kindly and this did not help. He said that he had a problem with the hopple shorteners because when he pulled them only one side came out and prior to the incident he was trying to release the other side.

Mr Stormont said that looking at the film he did not believe that contact was made and that Mr Branch's horse did not help with it's racing manners. The Committee pointed out to Mr Stormont that at the time of the incident Mr Purdon looked down at his outer wheel but Mr Stormont did not believe that this proved that Mr Branch had hit his wheel.

Submissions for Decision:

Mr Taumanu said that the video evidence was clear and that Mr Branch had admitted the breach.

Submissions for Penalty:

Mr Taumanu advised the Committee that the JCA Guidelines provided for a $400.00 fine and/or a suspension of a Drivers Licence for 8 drives. He further said that despite what Mr Branch had said about the hopple shorteners that did not affect Mr Branch's control of the reins.

He said that the offence was above the midrange of seriousness.

Mr Branch said that he did have some difficulty with his horse and he also asked the Committee to take into account his admission of the breach and his good record and the fact that he is a Junior Horseman.

Mr Branch also advised the Committee that he had 4 declared drives for the Morrisville Trotting Club meeting on Sunday the 15th of January 2012.

Reasons for Penalty:

The Committee listened to the evidence and has viewed the films several times. The video evidence is very clear and Mr Branch was following too close behind SOUTHWIND ARDEN and left no room for error. Mr Branch may have been trying to release the hopple shorteners but he should also have been aware of how close he was to the horse in front of him.

He has come into contact with Mr Purdon's sulky and has caused interference to his own horse and resultant interference to 2 others. He has admitted the breach but in our view he had no option but to do so.

Mr Branch is a Junior Horseman and he will learn from this experience. We will deal with this by suspension of Mr Branch's Horseman's Licence but that suspension shall be deferred to after the conclusion of racing on the 15th of January 2012.

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: 696c45cb50661f4cd223ce84ea01326e


informantnumber: 69018


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 19/01/2012


hearing_title: Cambridge-Te Awamutu HRC 13 January 2012 - R 6


charge:

Breach of Rule 869(3)(b)  Careless Driving.


facts:

An Information was lodged by Stipendiary Steward Mr TW Taumanu against Junior Horseman Mr D Branch alleging that as the Driver of TEMEPARA CULLEN he drove carelessly when he allowed his horse to climb into the back of the sulky of SOUTHWIND ARDEN (Driver M Purdon ) with approximately 1200 metres to run causing his own horse to break and also causing a check to NOTHINGSWEETABOUTME (Driver J Abernethy ) and causing WORLD OF DREAMS (Driver M McKendry) to take evasive action.

Mr Branch was present at the Hearing and he advised this Committee that he admitted the charge. Mr Branch was assisted by Senior Horseman Mr JM Stormont.

Mr Taumanu demonstrated the incident by use of the video films and showed where Mr Branch was close up behind SOUTHWIND ARDEN and he then hit the back of Mr Purdon's sulky and looked to climb over a wheel. This caused interference to his own horse and resultant interference to NOTHINGSWEETABOUTME and WORLD OF DREAMS.

Mr Branch said that although he admitted the breach his horse was not racing kindly and this did not help. He said that he had a problem with the hopple shorteners because when he pulled them only one side came out and prior to the incident he was trying to release the other side.

Mr Stormont said that looking at the film he did not believe that contact was made and that Mr Branch's horse did not help with it's racing manners. The Committee pointed out to Mr Stormont that at the time of the incident Mr Purdon looked down at his outer wheel but Mr Stormont did not believe that this proved that Mr Branch had hit his wheel.


appealdecision:


isappeal:


submissionsfordecision:

Mr Taumanu said that the video evidence was clear and that Mr Branch had admitted the breach.


reasonsfordecision:


Decision:

The charge having been admitted is accordingly proved.


sumissionsforpenalty:

Mr Taumanu advised the Committee that the JCA Guidelines provided for a $400.00 fine and/or a suspension of a Drivers Licence for 8 drives. He further said that despite what Mr Branch had said about the hopple shorteners that did not affect Mr Branch's control of the reins.

He said that the offence was above the midrange of seriousness.

Mr Branch said that he did have some difficulty with his horse and he also asked the Committee to take into account his admission of the breach and his good record and the fact that he is a Junior Horseman.

Mr Branch also advised the Committee that he had 4 declared drives for the Morrisville Trotting Club meeting on Sunday the 15th of January 2012.


reasonsforpenalty:

The Committee listened to the evidence and has viewed the films several times. The video evidence is very clear and Mr Branch was following too close behind SOUTHWIND ARDEN and left no room for error. Mr Branch may have been trying to release the hopple shorteners but he should also have been aware of how close he was to the horse in front of him.

He has come into contact with Mr Purdon's sulky and has caused interference to his own horse and resultant interference to 2 others. He has admitted the breach but in our view he had no option but to do so.

Mr Branch is a Junior Horseman and he will learn from this experience. We will deal with this by suspension of Mr Branch's Horseman's Licence but that suspension shall be deferred to after the conclusion of racing on the 15th of January 2012.


penalty:

The Committee orders that Mr Branch's Junior Horseman's Licence is suspended from the conclusion of racing on the 15th of January 2012 up to and including the 29th of January 2012.


hearing_type: Hearing


Rules: Rule 869(3)(b)


Informant: Mr TW Taumanu - Stipendiary Steward


JockeysandTrainer: Mr D Branch - Junior Horseman


Otherperson: Mr JM Stormont - Senior Horseman assisting Mr Branch


PersonPresent:


Respondent:


StipendSteward:


raceid: da94a9cd8435e8724d4d3742d3afeed3


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9d30529bb51c6ab216e86e680f5f312b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/01/2012


meet_title: Cambridge - Te Awamutu HRC - 13 January 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: cambridge-te-awamutu-hrc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: AGodsalve


meet_pm2: none


name: Cambridge - Te Awamutu HRC