Archive Decision

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Kumeu TC – 17 July 2009 – Race 2

ID: JCA18974

Hearing Type:
Old Hearing

Hearing Type (Code):
harness-racing

Meet Title:
Kumeu TC - 17 July 2009

Race Date:
2009/07/17

Race Number:
Race 2

Decision:

An information filed by Stipendiary Steward Mr T. Taumanu against junior horseman Mr C. Driver, driver of PRESIDELL alleging a breach of the above rule – Careless Driving – in that he moved his horse outwards with about 700m to run which resulted in his horse making contact with the sulky of ARDLY A DIAMOND driven by Mr T. Macfarlane and breaking for a few strides. 



An information filed by Stipendiary Steward Mr T. Taumanu against junior horseman Mr C. Driver, driver of PRESIDELL alleging a breach of the above rule – Careless Driving – in that he moved his horse outwards with about 700m to run which resulted in his horse making contact with the sulky of ARDLY A DIAMOND driven by Mr T. Macfarlane and breaking for a few strides. 

--

Mr Driver after having advice from senior horseman Mr P. Ferguson admitted the breach.  Mr Driver and Mr Ferguson were present at the hearing. 

--

Mr Taumanu demonstrated the incident by use of the video film.  Mr Driver moved his horse outwards when not in a position to do so.  Mr S. Reid driver of BAILEYS SPIRIT forced PRESIDELL back inwards and at that stage PRESIDELL struck the sulky wheel of ARDLY A DIAMOND.  Mr Ferguson and Mr Driver agreed with Mr Taumanu’s summary of what had happened.

--

Penalty:

--

Mr Taumanu said the offending was just below the midpoint on the scale of seriousness.  He said Mr Driver had no relevant breaches of the rules recorded against him.  He recommended a two day suspension.  Mr Ferguson agreed with the submissions of Mr Taumanu, and said that it was only Mr Driver’s horse that was affected. 

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Mr Driver said he preferred a suspension to a fine. 

--

In fixing penalty the committee takes into account the following:

--

1. The guilty plea.
2. The submissions of Mr Taumanu.
3. The acceptance of those submissions by Mr Ferguson and Mr Driver.
4. Mr Driver has no relevant breaches of the rules recorded against him.
5. The recommended starting point for penalty is a fine of $400.00 and/or two week’s suspension.
6. Mr Driver is a junior horseman.

--

Balancing those matters Mr Driver’s horseman’s licence is suspended from the end of racing tonight until the end of racing on the 24th of July 2009, which is effectively two days suspension.

--

 

--


B. Rowe
CHAIR
67765

--

 

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: 1e845f8c5d0e41f0b6ac6f6a518d25e7


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 17/07/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Kumeu TC - 17 July 2009 - Race 2


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

An information filed by Stipendiary Steward Mr T. Taumanu against junior horseman Mr C. Driver, driver of PRESIDELL alleging a breach of the above rule – Careless Driving – in that he moved his horse outwards with about 700m to run which resulted in his horse making contact with the sulky of ARDLY A DIAMOND driven by Mr T. Macfarlane and breaking for a few strides. 



An information filed by Stipendiary Steward Mr T. Taumanu against junior horseman Mr C. Driver, driver of PRESIDELL alleging a breach of the above rule – Careless Driving – in that he moved his horse outwards with about 700m to run which resulted in his horse making contact with the sulky of ARDLY A DIAMOND driven by Mr T. Macfarlane and breaking for a few strides. 

--

Mr Driver after having advice from senior horseman Mr P. Ferguson admitted the breach.  Mr Driver and Mr Ferguson were present at the hearing. 

--

Mr Taumanu demonstrated the incident by use of the video film.  Mr Driver moved his horse outwards when not in a position to do so.  Mr S. Reid driver of BAILEYS SPIRIT forced PRESIDELL back inwards and at that stage PRESIDELL struck the sulky wheel of ARDLY A DIAMOND.  Mr Ferguson and Mr Driver agreed with Mr Taumanu’s summary of what had happened.

--

Penalty:

--

Mr Taumanu said the offending was just below the midpoint on the scale of seriousness.  He said Mr Driver had no relevant breaches of the rules recorded against him.  He recommended a two day suspension.  Mr Ferguson agreed with the submissions of Mr Taumanu, and said that it was only Mr Driver’s horse that was affected. 

--

Mr Driver said he preferred a suspension to a fine. 

--

In fixing penalty the committee takes into account the following:

--

1. The guilty plea.
2. The submissions of Mr Taumanu.
3. The acceptance of those submissions by Mr Ferguson and Mr Driver.
4. Mr Driver has no relevant breaches of the rules recorded against him.
5. The recommended starting point for penalty is a fine of $400.00 and/or two week’s suspension.
6. Mr Driver is a junior horseman.

--

Balancing those matters Mr Driver’s horseman’s licence is suspended from the end of racing tonight until the end of racing on the 24th of July 2009, which is effectively two days suspension.

--

 

--


B. Rowe
CHAIR
67765

--

 


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meetdate: 17/07/2009


meet_title: Kumeu TC - 17 July 2009


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name: Kumeu TC