Archive Decision

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Hawera HRC 7 April 2012 – R 3

ID: JCA17199

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr P Fleming - Open Horseman

Information Number:
A4610

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

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 Thursday 12th April up to and including the close of racing on Tuesday 24th April (3 days).

Charge:

Following the running of race 3 The Jim Mair Racing Stables Mobile Pace an information was filed by Stipendiary Steward J Muirhead against P Fleming alleging a breach of rule 869 (3) (b) in that P Fleming when he drove River Liffey causing interference to Real Tricky driven by D Butcher with approximately 1500 metres to run.

The rule was read and confirmed as understood.

Facts:

Mr Muirhead went straight to the films where he identified for the committee with approximately 1500 metres to travel P Fleming moving up in a three wide position outside D Butcher. River Liffey has moved into the line of Real Tricky as he has come across and contact was made with his sulky and the front leg of Real Tricky. Real Tricky has galloped and settled at the back of the field.

Mr Fleming conceded the films were proof of his actions which were careless.

Submissions for Penalty:

Mr Muirhead on this occasion reminded the committee that whilst Mr Fleming had one previous breach prior to this meeting this offence is the second charge in this race. It has involved one horse who had its chances extinguished and that a term of suspension warranted.

Mr Fleming informed the committee that he would not drive this horse again as it is not an easy horse to drive and asked for a suspension in preference to a fine.

Reasons for Penalty:

After considering all the evidence and viewing the films available the committee assess the degree of carelessness by Mr Fleming to be in the mid –range. This is a second offence in the same race, effectively taking Real Tricky out of the race. We have also taken into account Mr Fleming has admitted the breach. A term of suspension is appropriate.

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: e8ce7d0eb68f59d299a8f6afcb98a9d2


informantnumber: A4610


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 02/04/2012


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 Stipendiary Steward J Muirhead against P Fleming alleging a breach of rule 869 (3) (b) in that P Fleming when he drove River Liffey causing interference to Real Tricky driven by D Butcher with approximately 1500 metres to run.

The rule was read and confirmed as understood.


facts:

Mr Muirhead went straight to the films where he identified for the committee with approximately 1500 metres to travel P Fleming moving up in a three wide position outside D Butcher. River Liffey has moved into the line of Real Tricky as he has come across and contact was made with his sulky and the front leg of Real Tricky. Real Tricky has galloped and settled at the back of the field.

Mr Fleming conceded the films were proof of his actions which were careless.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Fleming has admitted the breach the committee find the charge proved.


sumissionsforpenalty:

Mr Muirhead on this occasion reminded the committee that whilst Mr Fleming had one previous breach prior to this meeting this offence is the second charge in this race. It has involved one horse who had its chances extinguished and that a term of suspension warranted.

Mr Fleming informed the committee that he would not drive this horse again as it is not an easy horse to drive and asked for a suspension in preference to a fine.


reasonsforpenalty:

After considering all the evidence and viewing the films available the committee assess the degree of carelessness by Mr Fleming to be in the mid –range. This is a second offence in the same race, effectively taking Real Tricky out of the race. We have also taken into account Mr Fleming has admitted the breach. A term of suspension is appropriate.


penalty:

Mr Fleming has his Open Horseman's licence suspended from the close of racing on Thursday 12th April up to and including the close of racing on Tuesday 24th April (3 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: dde989ede8faa6c4ee9950f2b379f9f6


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