Archive Decision

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Cambridge – Te Awamutu HRC – 20 November 2009 – Race 7

ID: JCA20331

Hearing Type:
Old Hearing

Rules:
869.4

Hearing Type (Code):
harness-racing

Meet Title:
Cambridge - Te Awamutu HRC - 20 November 2009

Race Date:
2009/11/20

Race Number:
Race 7

Decision:

This is an information filed by Stipendiary Steward Mr J Muirhead against Mr D Balle, driver of BK COMMANDO, alleging a breach of Rule 869 (4) in that he drove the horse in a manner that caused interference to O’SHEAS, driven by Ms N Chilcott, by forcing SUNOVER DOVER and ENDEAVOUR outwards onto O’SHEAS about 150 metres from the finish of the race.



This is an information filed by Stipendiary Steward Mr J Muirhead against Mr D Balle, driver of BK COMMANDO, alleging a breach of Rule 869 (4) in that he drove the horse in a manner that caused interference to O’SHEAS, driven by Ms N Chilcott, by forcing SUNOVER DOVER and ENDEAVOUR outwards onto O’SHEAS about 150 metres from the finish of the race.

--

Mr Balle admits the breach and is present at the hearing.

--

Mr Muirhead showed the video film of the incident.  Mr Balle moved his horse outwards to improve his position, the horse then lugged out and Mr Balle failed to take immediate corrective action.  This failure forced ENDEAVOUR and SUNOVER DOVER outwards and caused interference to O’SHEAS.  Mr Balle accepted Mr Muirhead’s explanation of the incident and said the horse had been lugging out for most of the race.

--

PENALTY

--

Mr Muirhead said the offending was lower to medium on the scale of seriousness, Mr Balle had no breaches of the rules recorded against him in the last 12 months, Mr Balle did not drive often, the recommended starting point for penalty was a fine of $400 and / or a two week suspension, and Mr Balle preferred a suspension to a fine.  Mr Muirhead suggested a 2 day suspension or a fine of $200.

--

Mr Balle accepted the submissions of Mr Muirhead and confirmed his preference for a suspension.

--

In fixing penalty the committee takes into account the guilty plea, the submissions of Mr Muirhead and the acceptance of them by Mr Balle, Mr Balle’s excellent driving record, the recommended starting point for penalty and accepts the offending was mid to lower range.  Balancing those matters and with emphasis on Mr Balle’s preference for a suspension, Mr Balle’s horseman’s licence is suspended from the end of racing tonight until the end of racing on 04 December 2009, which is a period of 2 weeks but effectively 2 days racing.

--

 

--

Bryan Rowe      Bryan Scott
Chair                Committee Member
68108

--

 

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: 644de4a1c3b48189ab4b563bddb430f8


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 20/11/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Cambridge - Te Awamutu HRC - 20 November 2009 - Race 7


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

This is an information filed by Stipendiary Steward Mr J Muirhead against Mr D Balle, driver of BK COMMANDO, alleging a breach of Rule 869 (4) in that he drove the horse in a manner that caused interference to O’SHEAS, driven by Ms N Chilcott, by forcing SUNOVER DOVER and ENDEAVOUR outwards onto O’SHEAS about 150 metres from the finish of the race.



This is an information filed by Stipendiary Steward Mr J Muirhead against Mr D Balle, driver of BK COMMANDO, alleging a breach of Rule 869 (4) in that he drove the horse in a manner that caused interference to O’SHEAS, driven by Ms N Chilcott, by forcing SUNOVER DOVER and ENDEAVOUR outwards onto O’SHEAS about 150 metres from the finish of the race.

--

Mr Balle admits the breach and is present at the hearing.

--

Mr Muirhead showed the video film of the incident.  Mr Balle moved his horse outwards to improve his position, the horse then lugged out and Mr Balle failed to take immediate corrective action.  This failure forced ENDEAVOUR and SUNOVER DOVER outwards and caused interference to O’SHEAS.  Mr Balle accepted Mr Muirhead’s explanation of the incident and said the horse had been lugging out for most of the race.

--

PENALTY

--

Mr Muirhead said the offending was lower to medium on the scale of seriousness, Mr Balle had no breaches of the rules recorded against him in the last 12 months, Mr Balle did not drive often, the recommended starting point for penalty was a fine of $400 and / or a two week suspension, and Mr Balle preferred a suspension to a fine.  Mr Muirhead suggested a 2 day suspension or a fine of $200.

--

Mr Balle accepted the submissions of Mr Muirhead and confirmed his preference for a suspension.

--

In fixing penalty the committee takes into account the guilty plea, the submissions of Mr Muirhead and the acceptance of them by Mr Balle, Mr Balle’s excellent driving record, the recommended starting point for penalty and accepts the offending was mid to lower range.  Balancing those matters and with emphasis on Mr Balle’s preference for a suspension, Mr Balle’s horseman’s licence is suspended from the end of racing tonight until the end of racing on 04 December 2009, which is a period of 2 weeks but effectively 2 days racing.

--

 

--

Bryan Rowe      Bryan Scott
Chair                Committee Member
68108

--

 


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.4


Informant:


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Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 5e0cb2a26041f8174a3f5b5c7f5a1eeb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 7


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meetid: f3ce519b8c9255052b9d818f9ad0c7c1


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meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/11/2009


meet_title: Cambridge - Te Awamutu HRC - 20 November 2009


meet_expappcomment:


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tracklocation: cambridge-te-awamutu-hrc


meet_racingtype: harness-racing


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name: Cambridge - Te Awamutu HRC