Hawera HRC 7 April 2012 – R 3
ID: JCA17278
Meet Title:
Hawera HRC - 7 April 2012
Meet Chair:
ISmith
Meet Committee Member 1:
PWilliams
Race Date:
2012/04/07
Race Number:
R 3
Decision:
As Mr Fleming has admitted the breach the committee find the charge proved.
Penalty:
Mr Fleming has his open horseman's licence suspended from the close of racing on Saurday 7th April up to and including the close of racing on Thursday 12th April (2 days).
Charge:
Following the running of race 3 The Jim Mair Racing Stables Mobile Pace an information was filed by Mr J Muirhead Stipendiary Steward against Mr P Fleming alleging a breach of rule 869 (3) (b) in that he drove River Liffey carelessly causing tightening to Tartan Tight Jeans driven by P Butcher shortly after the start.
Rule 869 (3) (b) was read and confirmed by all parties.
Facts:
Mr Muirhead went straight to the films, both head and side on where he identified for the committee River Liffey driven by P Fleming who had drawn barrier 5 at the gate and on his inside he had Tartan Tight Jeans driven by P Butcher. P Fleming has driven his horse out of the gate and the field is very tight, Although Tartan Tight Jeans may have been traveling a bit rough P Fleming has continued to drive his horse out and has moved into the line of Tartan Tight Jeans and tightened that horse up and caused it to break.
P Fleming agreed with Mr Muirhead’s interpretation of the incident and confirmed his actions were careless.
Submissions for Penalty:
Mr Muirhead in his submissions rated the degree of interference to be in the mid- range and submitted a term of suspension is warranted. Mr Fleming has one previous breach of this rule on his record from 5/2/12 of two days.
Mr Fleming supported a term of suspension and asked the committee if it could begin from the close of racing today the 7th April.
Reasons for Penalty:
After viewing the video evidence and considering the submissions presented by both parties the committee have taken into account the mitigating factor that Mr Fleming admitted the breach. The aggravating factors are the degree of carelessness being in the mid-range where one horse was involved resulting in that horse breaking, and Mr Fleming's previous record under this rule of one charge in February. The committee find a term of suspension is appropriate.
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: f31cb752ffd27ed063f45ba279da27d9
informantnumber: A4609
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 29/03/2012
hearing_title: Hawera HRC 7 April 2012 - R 3
charge:
Following the running of race 3 The Jim Mair Racing Stables Mobile Pace an information was filed by Mr J Muirhead Stipendiary Steward against Mr P Fleming alleging a breach of rule 869 (3) (b) in that he drove River Liffey carelessly causing tightening to Tartan Tight Jeans driven by P Butcher shortly after the start.
Rule 869 (3) (b) was read and confirmed by all parties.
facts:
Mr Muirhead went straight to the films, both head and side on where he identified for the committee River Liffey driven by P Fleming who had drawn barrier 5 at the gate and on his inside he had Tartan Tight Jeans driven by P Butcher. P Fleming has driven his horse out of the gate and the field is very tight, Although Tartan Tight Jeans may have been traveling a bit rough P Fleming has continued to drive his horse out and has moved into the line of Tartan Tight Jeans and tightened that horse up and caused it to break.
P Fleming agreed with Mr Muirhead’s interpretation of the incident and confirmed his actions were careless.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Fleming has admitted the breach the committee find the charge proved.
sumissionsforpenalty:
Mr Muirhead in his submissions rated the degree of interference to be in the mid- range and submitted a term of suspension is warranted. Mr Fleming has one previous breach of this rule on his record from 5/2/12 of two days.
Mr Fleming supported a term of suspension and asked the committee if it could begin from the close of racing today the 7th April.
reasonsforpenalty:
After viewing the video evidence and considering the submissions presented by both parties the committee have taken into account the mitigating factor that Mr Fleming admitted the breach. The aggravating factors are the degree of carelessness being in the mid-range where one horse was involved resulting in that horse breaking, and Mr Fleming's previous record under this rule of one charge in February. The committee find a term of suspension is appropriate.
penalty:
Mr Fleming has his open horseman's licence suspended from the close of racing on Saurday 7th April up to and including the close of racing on Thursday 12th April (2 days).
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr P Fleming - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: eb102dae601a3bb0af4a96ace5c62a91
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c9021a075a78e91aeb592a1a021c71ae
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/04/2012
meet_title: Hawera HRC - 7 April 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawera-hrc
meet_racingtype: harness-racing
meet_chair: ISmith
meet_pm1: PWilliams
meet_pm2: none
name: Hawera HRC