Archive Decision

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Cambridge-Te Awamutu HRC 20 November 2010 – R1

ID: JCA15692

Applicant:
Mr T Taumanu

Respondent(s):
Mrs L Neal

Information Number:
68664

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Cambridge - Te Awamutu HRC - 20 November 2010

Meet Chair:
JHolloway

Meet Committee Member 1:
AGodsalve

Race Date:
2010/11/20

Race Number:
R1 Cambridge TeAwamutu HRC 20 November 2010 - R1

Decision:

As the breach was admitted we find the charge proved.

Penalty:

Mrs Neal is suspended from driving from after the conclusion of racing on the 20th November until after the conclusion of racing on the 3rd December 2010.   This equates to 4  driving days.

Charge:

Alleging a breach of Rule 869(3)(b)

Facts:

An information was lodged by Stipendiary Steward Mr T Taumanu charging driver Mrs L Neal with a breach of Rule 869(3)(b) in race 1, in that being the driver of  Regal Encounter drove carelessly when she moved her horse inwards shortly after the start resulting in checks to Macy Victory, Loma Fay, Anaconda and Apache Chief.

Mrs Neal appeared for the hearing and admitted the charge endorsing the information accordingly.

Mr Taumanu referred to film footage of the relevant stage of the race and identified the relevant runners.

Mrs Neal drawn 8  from the barrier moved towards the running line from the start causing tightening to  Macy Victory going into the first bend which led to that horse breaking and subsequently causing checks  to Loma Fay, Anaconda and Apache Chief.  There was no contact.

Mrs Neal agreed with Mr Taumanu's account and said that Mr D Butcher took hold of  Macy Victory as she was crossing infront of him causing a chain reaction with the following horses.

Submissions for Penalty:

Mr Taumanu explained to the committee that the careless driving had resulted in the checking of 4 other runners in the race which severely affected their chances.  The starting point for penalty was  a fine of $400 or 3 weeks suspension.  This breach was upper mid range.  Mrs Neal enjoyed a good driving record and had admitted the breach.  Because of the consequential effect on four other runners in the race the Stipendiary Stewards sought a substantial fine or disqualification.

Mrs Neal  said she would prefer a suspension.  Whilst she admitted her liability she believed that Mr Butcher's horse had overreacted which  had exascerbated the situation.  She drove about 8 or 9 times per month.

Reasons for Penalty:

In arriving at an appropriate penalty the Committee took cognisance of the impact of the breach on 4 other horses in the race whose chances were severely affected and agreed that the conseqential affect placed this breach in the upper mid range.  Mrs Neal enjoyed a good driving record and had pleaded guilty.  Her preference of penalty was a period of suspension and she drove on average 8 or 9 times per month in the North Island.  She had no immediate driving commitments.

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: c3c867199882f857efefa7491bc178f9


informantnumber: 68664


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 21/11/2010


hearing_title: Cambridge-Te Awamutu HRC 20 November 2010 - R1


charge:

Alleging a breach of Rule 869(3)(b)


facts:

An information was lodged by Stipendiary Steward Mr T Taumanu charging driver Mrs L Neal with a breach of Rule 869(3)(b) in race 1, in that being the driver of  Regal Encounter drove carelessly when she moved her horse inwards shortly after the start resulting in checks to Macy Victory, Loma Fay, Anaconda and Apache Chief.

Mrs Neal appeared for the hearing and admitted the charge endorsing the information accordingly.

Mr Taumanu referred to film footage of the relevant stage of the race and identified the relevant runners.

Mrs Neal drawn 8  from the barrier moved towards the running line from the start causing tightening to  Macy Victory going into the first bend which led to that horse breaking and subsequently causing checks  to Loma Fay, Anaconda and Apache Chief.  There was no contact.

Mrs Neal agreed with Mr Taumanu's account and said that Mr D Butcher took hold of  Macy Victory as she was crossing infront of him causing a chain reaction with the following horses.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Taumanu explained to the committee that the careless driving had resulted in the checking of 4 other runners in the race which severely affected their chances.  The starting point for penalty was  a fine of $400 or 3 weeks suspension.  This breach was upper mid range.  Mrs Neal enjoyed a good driving record and had admitted the breach.  Because of the consequential effect on four other runners in the race the Stipendiary Stewards sought a substantial fine or disqualification.

Mrs Neal  said she would prefer a suspension.  Whilst she admitted her liability she believed that Mr Butcher's horse had overreacted which  had exascerbated the situation.  She drove about 8 or 9 times per month.


reasonsforpenalty:

In arriving at an appropriate penalty the Committee took cognisance of the impact of the breach on 4 other horses in the race whose chances were severely affected and agreed that the conseqential affect placed this breach in the upper mid range.  Mrs Neal enjoyed a good driving record and had pleaded guilty.  Her preference of penalty was a period of suspension and she drove on average 8 or 9 times per month in the North Island.  She had no immediate driving commitments.


penalty:

Mrs Neal is suspended from driving from after the conclusion of racing on the 20th November until after the conclusion of racing on the 3rd December 2010.   This equates to 4  driving days.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr T Taumanu


JockeysandTrainer: Mrs L Neal


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: aa6bdefbfa4eb91143dd6c8d270843c7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1 Cambridge TeAwamutu HRC 20 November 2010 - R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4d4e4d16e3ffcf163108ae1c2035b7b3


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/11/2010


meet_title: Cambridge - Te Awamutu HRC - 20 November 2010


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "AGodsalve", "Member": "", "OtherExpenses": "0", "KMs": "88", "Total": "54.56", "kmprice": 54.560000000000002, "Approved": "on"}, {"Comment": [], "MemberRole": "Chair ", "MemberID": "JHolloway", "Member": "", "OtherExpenses": "0", "KMs": "138", "Total": "85.56", "kmprice": 85.560000000000002, "Approved": "on"}]


meet_otherexp:


tracklocation: cambridge-te-awamutu-hrc


meet_racingtype: harness-racing


meet_chair: JHolloway


meet_pm1: AGodsalve


meet_pm2: none


name: Cambridge - Te Awamutu HRC