Franklin TC – 30 November 2007 –
ID: JCA23038
Hearing Type (Code):
harness-racing
Decision: An information lodged by Stipendiary Steward Mr J Muirhead, against Ms M Wallis trainer of CREAM OF THE CROP alleging a breach of Rule 864 (2) (d) in that she failed to affix the sulky seat so as to prevent it coming adrift
DECISION AND REASON
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An information lodged by Stipendiary Steward Mr J Muirhead, against Ms M Wallis trainer of CREAM OF THE CROP alleging a breach of Rule 864 (2) (d) in that she failed to affix the sulky seat so as to prevent it coming adrift, resulting in Ms Wallis who was the driver of the horse being dislodged from the sulky at the start of the race.
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Ms Wallis admitted the breach and did not wish to be present at the hearing.
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Mr Muirhead demonstrated the incident by use of the video film. When the tapes were released CREAM OF THE CROP reared and this resulted in the sulky seat coming adrift and Ms Wallis ending up on the track. CREAM OF THE CROP lost all chance. Mr Muirhead said that Ms Wallis told him that the sulky had been used in the previous race and had not been touched after that race. He said that normally the gear used by Ms Wallis was in tiptop order.
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PENALTY
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Mr Muirhead said Ms Wallis had no relevant breaches of the Rules recorded against her. He recommended a fine of $200.00. In fixing penalty I took into account the following matters :
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1. The guilty plea, although this was somewhat inevitable.
--2. Ms Wallis’s clear record in relation to this matter.
--3. The submissions of Mr Muirhead.
--4. The recommended starting penalty is $250.00.
--5. CREAM OF THE CROP lost all chance because of this breach.
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I imposed a fine of $250.00.
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B Rowe
ChairmanDecision Date: 30/11/2007
Publish Date: 30/11/2007
JCA Decision Fields (raw)
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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: e30eda705e8a51dec378008cc9f00689
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/11/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Franklin TC - 30 November 2007 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information lodged by Stipendiary Steward Mr J Muirhead, against Ms M Wallis trainer of CREAM OF THE CROP alleging a breach of Rule 864 (2) (d) in that she failed to affix the sulky seat so as to prevent it coming adriftDECISION AND REASON
----
An information lodged by Stipendiary Steward Mr J Muirhead, against Ms M Wallis trainer of CREAM OF THE CROP alleging a breach of Rule 864 (2) (d) in that she failed to affix the sulky seat so as to prevent it coming adrift, resulting in Ms Wallis who was the driver of the horse being dislodged from the sulky at the start of the race.
----
Ms Wallis admitted the breach and did not wish to be present at the hearing.
----
Mr Muirhead demonstrated the incident by use of the video film. When the tapes were released CREAM OF THE CROP reared and this resulted in the sulky seat coming adrift and Ms Wallis ending up on the track. CREAM OF THE CROP lost all chance. Mr Muirhead said that Ms Wallis told him that the sulky had been used in the previous race and had not been touched after that race. He said that normally the gear used by Ms Wallis was in tiptop order.
----
--
PENALTY
----
Mr Muirhead said Ms Wallis had no relevant breaches of the Rules recorded against her. He recommended a fine of $200.00. In fixing penalty I took into account the following matters :
----
1. The guilty plea, although this was somewhat inevitable.
--2. Ms Wallis’s clear record in relation to this matter.
--3. The submissions of Mr Muirhead.
--4. The recommended starting penalty is $250.00.
--5. CREAM OF THE CROP lost all chance because of this breach.
----
I imposed a fine of $250.00.
----
--
--
B Rowe
Chairmansumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 864.2.d
Informant:
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PersonPresent:
Respondent:
StipendSteward:
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