Franklin TC – 15 August 2008 – Race 6

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startdate: 15/08/2008

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hearing_title: Franklin TC - 15 August 2008 - Race 6

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An information filed by Stipendiary Steward Mr J Muirhead against Junior Driver Mr S Jones, driver of KAHUNA BROMAC, alleging a breach of Rule 869 (3) (b) – Careless Driving – in that he drove his horse carelessly improving where there was insufficient room in between HARRY KAY and MYSTIC MINK with approximately 500m to run, almost causing his own horse to fall. 

Mr Jones admitted the breach and was assisted at the hearing by senior horseman Mr B Mangos. 

Mr Muirhead demonstrated the incident by use of the video film.  He said Mr Jones had poked his horse into a half gap where there was insufficient room which resulted in his horse breaking and almost falling.  He said there was a mitigating factor in that Mr McKendry had looked to move MYSTIC MINK outwards and Mr Jones had moved outwards to follow Mr McKendry.  Mr Jones said he came out to follow Mr McKendry who looked to be moving to a three wide position.  There was a half gap but then Mr McKendry came back in.  Mr Mangos reinforced the explanation given by Mr Jones.

PENALTY

Mr Muirhead said that Mr Jones had three breaches for Careless Driving, namely in January, March and April of this year.  He said the offending was at the medium to high level in degree of carelessness.  He suggested a three week suspension taking into account that Mr Jones was a Junior Driver.  He said a fine was not appropriate.  Mr Jones said he would prefer a fine and that he thought three weeks was a bit harsh.  Mr Mangos said Mr Jones was unfortunate in that there was room initially and then he ran out of room.  Mr Mangos also referred to the point system for the Junior Driver’s championship and said that a suspension would be harmful to Mr Jones’ chances.

In fixing penalty I take into account the following :

1.         The guilty plea.

2.         The submissions of Mr Muirhead.

3.         The explanations and submissions of Mr Jones and Mr Mangos.

4.         The driving record of Mr Jones – a 5 day suspension in January and a four day suspension in April.

5.         The offending was just below the midpoint on the scale of seriousness because of the mitigating factor.

6.         The recommended starting point is a fine of $400.00 and/or two week’s suspension.

7.         Mr Jones is a junior driver.

Balancing those matters, with emphasis on the previous breaches and the mitigating factor, I suspend Mr Jones’ horseman’s licence up to and including the 5^th September 2008 which is three weeks.  In addition, I warn Mr Jones that any breach of this rule in the near future would result in a lengthy suspension.

B Rowe

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hearing_type: Old Hearing

Rules: 869.3.b

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raceid: 776fc8ca7b516ad43e2f7f2a46dbea6f

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race_title: Race 6

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meetdate: 15/08/2008

meet_title: Franklin TC - 15 August 2008

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