Archive Decision

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Franklin TC – 12 February 2010 – Race 5

ID: JCA19278

Hearing Type:
Old Hearing

Rules:
869.4A, 869.4

Hearing Type (Code):
harness-racing

Meet Title:
Franklin TC - 12 February 2010

Race Date:
2010/02/12

Race Number:
Race 5

Decision:

FRANKLIN TROTTING CLUB

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RACEDAY JUDICIAL COMMITTEE DECISIONS

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FRIDAY 12.2.10

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JCA PANEL:    B. Rowe – Chairman,  J. Holloway

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RACE NO: 5  INFORMATION NO: 68404  RULE NO:  869(7A)(a)(b) & 869(4)

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This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr G. Martin driver of BETTORS STAR alleging a breach of the above rules in that he drove his horse where there was insufficient room inside SONIC WING driven by Ms N. Chilcott striking the pylons and causing interference to his own horse in the run home. 



FRANKLIN TROTTING CLUB

--

RACEDAY JUDICIAL COMMITTEE DECISIONS

--

FRIDAY 12.2.10

--

JCA PANEL:    B. Rowe – Chairman,  J. Holloway

--

RACE NO: 5  INFORMATION NO: 68404  RULE NO:  869(7A)(a)(b) & 869(4)

--

This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr G. Martin driver of BETTORS STAR alleging a breach of the above rules in that he drove his horse where there was insufficient room inside SONIC WING driven by Ms N. Chilcott striking the pylons and causing interference to his own horse in the run home. 

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Mr Martin admitted the breach and was present at the hearing. 

--

Mr Muirhead showed the video film of the incident.  He said BETTORS STAR was racing on the marker pegs at the rear of the field entering the home straight.  Mr Martin moved the horse into the passing lane and attempted to improve on the inside of SONIC WING where there was clearly insufficient room.  This resulted in BETTORS STAR sulky going over and inside three marker pylons.  During this Mr Martin struck the horse with his whip.  Mr Muirhead said there was potential risk to Mr Martin’s safety. 

--

Mr Martin said that he took a chance which didn’t work.  It had worked before but it didn’t work tonight.  He said seven times out of ten the horse in front of him would have drifted out.

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Penalty:

--

Mr Muirhead said there was no recommended starting point for a breach of Rule 869(4) but that the recommended starting point for Rule 869(4A) should be considered, that being a fine of $400.00 or two weeks suspension.  The recommended starting points for breaches of Rules 869(7A) (a)(b) were fines of $200.00 and $100.00.  He said Mr Martin had two breaches of the careless driving rule in the last 12 months and had been suspended on each occasion.  Mr Muirhead said the offending was mid-range on the scale of seriousness.  He recommended a two week suspension. 

--

Mr Martin said he would prefer a suspension rather than a fine.  

--

In fixing penalty the Committee takes into account the guilty plea, the submissions of Mr Muirhead and Mr Martin, the driving record of Mr Martin, the recommended starting points and our view that the offending is mid to lower on the scale of seriousness.  We do not see there was any serious potential safety factor involved. 

--

Balancing all of those matters and with emphasis on Mr Martin’s preference for a suspension, we suspend his horseman’s licence from the end of racing on the 14th February 2010 – Mr Martin has a confirmed driving engagement at the Stratford Harness Racing Meeting on that date – to the end of racing on the 25th February 2010.  That is effectively three days.

--

B. Rowe
CHAIR
68404

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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: 300db4c8e74d0160a475026e9c5916c9


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 12/02/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Franklin TC - 12 February 2010 - Race 5


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

FRANKLIN TROTTING CLUB

--

RACEDAY JUDICIAL COMMITTEE DECISIONS

--

FRIDAY 12.2.10

--

JCA PANEL:    B. Rowe – Chairman,  J. Holloway

--

RACE NO: 5  INFORMATION NO: 68404  RULE NO:  869(7A)(a)(b) & 869(4)

--

This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr G. Martin driver of BETTORS STAR alleging a breach of the above rules in that he drove his horse where there was insufficient room inside SONIC WING driven by Ms N. Chilcott striking the pylons and causing interference to his own horse in the run home. 



FRANKLIN TROTTING CLUB

--

RACEDAY JUDICIAL COMMITTEE DECISIONS

--

FRIDAY 12.2.10

--

JCA PANEL:    B. Rowe – Chairman,  J. Holloway

--

RACE NO: 5  INFORMATION NO: 68404  RULE NO:  869(7A)(a)(b) & 869(4)

--

This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr G. Martin driver of BETTORS STAR alleging a breach of the above rules in that he drove his horse where there was insufficient room inside SONIC WING driven by Ms N. Chilcott striking the pylons and causing interference to his own horse in the run home. 

--

Mr Martin admitted the breach and was present at the hearing. 

--

Mr Muirhead showed the video film of the incident.  He said BETTORS STAR was racing on the marker pegs at the rear of the field entering the home straight.  Mr Martin moved the horse into the passing lane and attempted to improve on the inside of SONIC WING where there was clearly insufficient room.  This resulted in BETTORS STAR sulky going over and inside three marker pylons.  During this Mr Martin struck the horse with his whip.  Mr Muirhead said there was potential risk to Mr Martin’s safety. 

--

Mr Martin said that he took a chance which didn’t work.  It had worked before but it didn’t work tonight.  He said seven times out of ten the horse in front of him would have drifted out.

--

Penalty:

--

Mr Muirhead said there was no recommended starting point for a breach of Rule 869(4) but that the recommended starting point for Rule 869(4A) should be considered, that being a fine of $400.00 or two weeks suspension.  The recommended starting points for breaches of Rules 869(7A) (a)(b) were fines of $200.00 and $100.00.  He said Mr Martin had two breaches of the careless driving rule in the last 12 months and had been suspended on each occasion.  Mr Muirhead said the offending was mid-range on the scale of seriousness.  He recommended a two week suspension. 

--

Mr Martin said he would prefer a suspension rather than a fine.  

--

In fixing penalty the Committee takes into account the guilty plea, the submissions of Mr Muirhead and Mr Martin, the driving record of Mr Martin, the recommended starting points and our view that the offending is mid to lower on the scale of seriousness.  We do not see there was any serious potential safety factor involved. 

--

Balancing all of those matters and with emphasis on Mr Martin’s preference for a suspension, we suspend his horseman’s licence from the end of racing on the 14th February 2010 – Mr Martin has a confirmed driving engagement at the Stratford Harness Racing Meeting on that date – to the end of racing on the 25th February 2010.  That is effectively three days.

--

B. Rowe
CHAIR
68404

--

 

--

 


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