Archive Decision

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Invercargill HRC 18 December 2012 – R 7

ID: JCA13054

Applicant:
Mr N Ydgren - Stipendiary Steward

Respondent(s):
Mr P Hunter - Open Horseman

Other Person:
Mr C Allison - Stipendiary Steward

Information Number:
1336

Hearing Type:
Hearing

Rules:
869(3b)

Plea:
admitted

Meet Title:
Invercargill HRC - 18 December 2012

Meet Chair:
NSkelt

Meet Committee Member 1:
GHall

Race Date:
2012/12/18

Race Number:
R 7

Decision:

As Mr Hunter admitted the breach we find the charge proved.

Penalty:

Mr Hunter was fined the sum of $350 and was reminded of his professional obligations under this rule.

Charge:

Stipendiary Steward Mr N Ydgren alleged that Mr P Hunter the driver of McArdle Meg shifted ground inwards interfering with Lady Suffragette, Extremelea and Under Cover Art passing the 150 metres.

Facts:

At the commencement of the hearing Stipendiary Steward Mr Ydgren and Open Horsemen Mr Hunter consented to the committee taking into consideration in determining penalty the evidence given at the earlier protest arising out of the breach.
 
Mr Ydgren reiterated that Mr Hunter driving McArdle Meg had moved inwards and tightened the inside horses Lady Suffragette, Extremelea and Under Cover Art with these horses having their chances affected. Neither he nor Mr Hunter had any additional submissions.
 
The committee again viewed the video clips of the incident before requesting submissions on penalty.

Submissions for Penalty:

Mr Ydgren stated that Mr Hunter had an outstanding driving record and had no previous breaches of this rule over the past 12 months.  Mr Ydgren believed the breach was in the mid to high range and submitted that a range of penalty of between $300 to $400 was appropriate.
 
Mr Hunter stated that a monetary penalty would be appropriate.

Reasons for Penalty:

We agree with Mr Ydgren that the breach is correctly viewed as being mid to high range and also that a penalty in the range of $300 to $400 is appropriate. It is purely fortuitous that McArdle Meg was not relegated or disqualified. Two affected horses had been well-tried and the third had not responded to an earlier flick of the whip. This is not an outcome for which Mr Hunter can take any credit.
 
The committee took into count when fixing penalty Mr Hunter’s ready admission of the breach, his immediate co-operation with the stewards, and his excellent driving record.
 

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: 3b56c4999c6f0f2e8bdc5a34ff651a7d


informantnumber: 1336


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 18/12/2012


hearing_title: Invercargill HRC 18 December 2012 - R 7


charge:

Stipendiary Steward Mr N Ydgren alleged that Mr P Hunter the driver of McArdle Meg shifted ground inwards interfering with Lady Suffragette, Extremelea and Under Cover Art passing the 150 metres.


facts:

At the commencement of the hearing Stipendiary Steward Mr Ydgren and Open Horsemen Mr Hunter consented to the committee taking into consideration in determining penalty the evidence given at the earlier protest arising out of the breach.
 
Mr Ydgren reiterated that Mr Hunter driving McArdle Meg had moved inwards and tightened the inside horses Lady Suffragette, Extremelea and Under Cover Art with these horses having their chances affected. Neither he nor Mr Hunter had any additional submissions.
 
The committee again viewed the video clips of the incident before requesting submissions on penalty.

appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Hunter admitted the breach we find the charge proved.

sumissionsforpenalty:

Mr Ydgren stated that Mr Hunter had an outstanding driving record and had no previous breaches of this rule over the past 12 months.  Mr Ydgren believed the breach was in the mid to high range and submitted that a range of penalty of between $300 to $400 was appropriate.
 
Mr Hunter stated that a monetary penalty would be appropriate.

reasonsforpenalty:

We agree with Mr Ydgren that the breach is correctly viewed as being mid to high range and also that a penalty in the range of $300 to $400 is appropriate. It is purely fortuitous that McArdle Meg was not relegated or disqualified. Two affected horses had been well-tried and the third had not responded to an earlier flick of the whip. This is not an outcome for which Mr Hunter can take any credit.
 
The committee took into count when fixing penalty Mr Hunter’s ready admission of the breach, his immediate co-operation with the stewards, and his excellent driving record.
 

penalty:

Mr Hunter was fined the sum of $350 and was reminded of his professional obligations under this rule.

hearing_type: Hearing


Rules: 869(3b)


Informant: Mr N Ydgren - Stipendiary Steward


JockeysandTrainer: Mr P Hunter - Open Horseman


Otherperson: Mr C Allison - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 4cee425df78ebf07c0e1a113c6de101d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 31eb8cdaa2073115cbf8ddfdf5e4ad38


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/12/2012


meet_title: Invercargill HRC - 18 December 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: GHall


meet_pm2: none


name: Invercargill HRC