Franklin TC 4 March 2014 – R10 (heard 7 March 2014 at Alexandra Park)

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startdate: 04/03/2014

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hearing_title: Franklin TC 4 March 2014 - R10 (heard 7 March 2014 at Alexandra Park)

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr R Neal – Co-Chief Stipendiary Steward
Respondent: Mr SJ Lawson – Licensed Horseman
Information No: A3226
Meeting: Franklin Trotting Club
Date: 4 March 2014 (heard on 7 March 2014)
Venue: Alexander Park
Rule No: 869(4)
Race: 10
Judicial Committee: Mr BJ Scott, Chairman – Mr GR Jones, Committee Member
Plea: Admitted

Charge:
Driving in a manner likely to interfere with another horse.

Evidence:
Following the running of the COUNTIES RACING @ PUKEKOHE PARK MARCH 19 MOBILE PACE an Information was lodged by Co-Chief Stipendiary Steward Mr R Neal against Licensed Horseman Mr SJ Lawson alleging that Mr Lawson drove carelessly near the 1800 metre mark resulting in JONNY WILKINSON being crowded and checked.

Mr Lawson did not admit the breach and by consent of both parties the Information was adjourned to be heard at a later date.

The Hearing then took place at the Auckland Trotting Club Meeting on the 7th of March 2014 and at that Hearing Mr Neal sought leave of the Committee to amend the Information. The amendments were firstly a change of Rule from 869(3)(b) to 869(4) and secondly that the charge be amended to “That S Lawson drove in a manner likely to interfere with another horse or horseman near the 1800 metre mark resulting in JONNY WILKINSON being crowded and checked.

Rule 869(4) provides:

“No horseman shall during any race do anything that interferes or is likely to interfere with his own horse and/or any other horse or its progress.”

Mr Lawson was present and after having the Rule read to him advised the Committee that he admitted the amended charge.

Both parties agreed that it was not necessary for the films to be shown because the facts were not in dispute.

Decision:
The charge is admitted and accordingly is found proved.

Submissions for Penalty:
Mr Neal said that this charge was associated with the Careless Driving Rule but was slightly below Careless Driving. He did tell the Committee that he believed that Mr Lawson should have moved out sooner but he did say that the Committee should take into account that the offence is at the lower end of the scale.

Mr Neal also asked the Committee to take into account Mr Lawson’s admission of the breach.

Mr Neal referred to the JCA Guidelines that provide for a starting point penalty of either suspension for 6 drives or a $300.00 fine and he submitted that in this case a fine of $200.00 was appropriate.

Mr Lawson said that the facts had been well canvassed and he agreed with Mr Neal’s Penalty Submissions. He did say that he was driving competitively and his move nearly came off but unfortunately he had a Junior Driver on his inside.

Mr Lawson agreed that the breach was at the lower end of the scale and he said that he wanted to be treated consistently. He referred to a recent charge where another Driver had checked his horse later in the Race and was fined $200.00. Mr Lawson said he thought that $200.00 was appropriate.

Reasons for Penalty:
The Committee has taken into account the submissions of both the parties and particularly that the breach was at the lower end of the scale and the Committee has also taken into account the fact that Mr Lawson has admitted the breach.

Taking all factors into account the Committee believes that a fine of $200.00 as submitted by Mr Neal is appropriate.

Penalty:
The Committee imposes a fine of $200.00 on Mr Lawson.

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hearing_type: Old Hearing

Rules: 869(4)

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