Kumeu TC 11 December 2012 – R 1
ID: JCA14561
Meet Title:
Kumeu TC - 11 December 2012
Meet Chair:
ADooley
Meet Committee Member 1:
JHolloway
Race Date:
2012/12/11
Race Number:
R1
Decision:
We find the charge against Mr Kriechbaumer proved.
Penalty:
Accordingly, we impose a fine of $150.00 on Mr Kriechbaumer.
Charge:
An information was filed by Mr Muirhead against Amateur Horseman, Mr J Kriechbaumer, alleging that he failed to maintain a straight course as possible parallel to the running line and allow full access to the passing lane with BURNABY KAN.
Mr Kriechbaumer acknowledged he understood the nature of the charge.
Facts:
Mr Muirhead demonstrated the incident by using the available video films. He pointed out to the committee that upon entering the final straight Mr Kriechbaumer, who was in front, permitted his horse to move down into the passing lane when being driven forward with the whip. This movement denied the trailing horse the opportunity to use the passing lane. Mr Muirhead explained that it is the Horseman's obligation to keep a straight line, he conceded it was not the worse situation he had seen.
Mr Kriechbaumer had no questions of Mr Muirhead's assessment of the incident.
Mr Kriechbaumer informed the committee that he thought he had done nothing wrong. He said his horse had drifted into the passing lane when he pulled the hood.
Mr Muirhead again demonstrated the incident to Mr Kriechbaumer to show where he had made an error. Mr Kriechbaumer accepted Mr Muirhead's interpretation of the incident.
Submissions for Decision:
As above.
Reasons for Decision:
The committee reviewed the video films which clearly showed that Mr Kriechbaumer allowed his horse to drift into the passing lane and he remained there for the length of the straight. This is a clear breach of the rules.
Submissions for Penalty:
Mr Muirhead submitted that a starting point for a charge of this nature is 6 drives or a $300 fine. He submitted that the breach was at the low end, the incident resulted in no impact to other horses and believed a fine below $300 would be appropriate.
Mr Kriechbaumer submitted that he is an Amateur Horseman with limited income.
Reasons for Penalty:
The committee carefully considered the submissions presented. The mitigating factors are the level of carelessness which we assess at the low end, the race was worth $4,000 and the breach had no impact on other Horsemen. The aggravating fact is Mr Kriechbaumer simply failed to comply with the rules. We referred to the JCA listing of penalties for similar breaches of this rule. Taking into account all of the above and the fact Mr Kriechbaumer is an Amateur Horseman we believe a $150 fine is an appropriate penalty.
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: 9277a3af845112b2c19a487885ae42c7
informantnumber: A4624
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 24/11/2012
hearing_title: Kumeu TC 11 December 2012 - R 1
charge:
An information was filed by Mr Muirhead against Amateur Horseman, Mr J Kriechbaumer, alleging that he failed to maintain a straight course as possible parallel to the running line and allow full access to the passing lane with BURNABY KAN.
Mr Kriechbaumer acknowledged he understood the nature of the charge.
facts:
Mr Muirhead demonstrated the incident by using the available video films. He pointed out to the committee that upon entering the final straight Mr Kriechbaumer, who was in front, permitted his horse to move down into the passing lane when being driven forward with the whip. This movement denied the trailing horse the opportunity to use the passing lane. Mr Muirhead explained that it is the Horseman's obligation to keep a straight line, he conceded it was not the worse situation he had seen.
Mr Kriechbaumer had no questions of Mr Muirhead's assessment of the incident.
Mr Kriechbaumer informed the committee that he thought he had done nothing wrong. He said his horse had drifted into the passing lane when he pulled the hood.
Mr Muirhead again demonstrated the incident to Mr Kriechbaumer to show where he had made an error. Mr Kriechbaumer accepted Mr Muirhead's interpretation of the incident.
appealdecision:
isappeal:
submissionsfordecision:
As above.
reasonsfordecision:
The committee reviewed the video films which clearly showed that Mr Kriechbaumer allowed his horse to drift into the passing lane and he remained there for the length of the straight. This is a clear breach of the rules.
Decision:
We find the charge against Mr Kriechbaumer proved.
sumissionsforpenalty:
Mr Muirhead submitted that a starting point for a charge of this nature is 6 drives or a $300 fine. He submitted that the breach was at the low end, the incident resulted in no impact to other horses and believed a fine below $300 would be appropriate.
Mr Kriechbaumer submitted that he is an Amateur Horseman with limited income.
reasonsforpenalty:
The committee carefully considered the submissions presented. The mitigating factors are the level of carelessness which we assess at the low end, the race was worth $4,000 and the breach had no impact on other Horsemen. The aggravating fact is Mr Kriechbaumer simply failed to comply with the rules. We referred to the JCA listing of penalties for similar breaches of this rule. Taking into account all of the above and the fact Mr Kriechbaumer is an Amateur Horseman we believe a $150 fine is an appropriate penalty.
penalty:
Accordingly, we impose a fine of $150.00 on Mr Kriechbaumer.
hearing_type: Hearing
Rules: 869(4) and Passing Lane Regulations
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr J Kriechbaumer - Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1ce5c5c71a29fd3867d784995f6cc157
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5ed9b72c22622d43ec358e3258715496
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/12/2012
meet_title: Kumeu TC - 11 December 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kumeu-tc
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: JHolloway
meet_pm2: none
name: Kumeu TC