Kumeu TC – 18 December 2007 – Race 4

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hearing_racingtype: harness-racing

startdate: 18/12/2007

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decisiondate: no date provided

hearing_title: Kumeu TC - 18 December 2007 - Race 4

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An information lodged by Stipendiary Steward Mr J Muirhead against Mr T Milina, driver of STRAPLESS alleging a breach of Rule 869(4) and Passing Lane Regulations (4), in that he allowed STRAPLESS to move into the passing lane denying the trailing horse PARFAIT INVASION the chance to improve.

An information lodged by Stipendiary Steward Mr J Muirhead against Mr T Milina, driver of STRAPLESS alleging a breach of Rule 869(4) and Passing Lane Regulations (4), in that he allowed STRAPLESS to move into the passing lane denying the trailing horse PARFAIT INVASION the chance to improve.

Mr Milina denied the breach and was present at the hearing.

Mr Muirhead asked that the evidence given at the related protest hearing be admitted for this hearing. Mr Milina agreed.

Mr Muirhead demonstrated the incident by use of the video films. He said the side-on view showed that Mr Milina made no attempt to move the horse outward and in fact was encouraging the horse. He said the rear video showed that the head of STRAPLESS was not turned out. He said there was an obligation from Mr Milina to immediately correct any inward movement into the passing lane. He said Mr Milina either drove STRAPLESS inwards or having found himself in the passing lane did nothing about it.

Mr Milina said the video showed that in the last 100m of the race he had used his left hand to jerk the head of STRAPLESS outwards. He said the horse locked her jaw and bored inwards. He said he had jerked with his left hand to keep STRAPLESS straight. He said the horse was hurt at the start and had a bloody mouth after the race. Mr Milina called Mr Neil Houston, veterinarian, to give evidence. Mr Houston said STRAPLESS reared and fell before the start of the race and suffered a graze under her tail, which could have irritated the horse and affected Mr Milina's control. He said it could also have possibly affected the gait or stance of the horse.

The video evidence confirmed the evidence of Mr Muirhead. Mr Milina failed to take any immediate action to move STRAPLESS outwards when it moved into the passing lane. The jerking of the left rein by Mr Milina in the last 100m was ineffective. STRAPLESS did not move outwards. PARFAIT INVASION, which was trailing STRAPLESS, was denied full access to the passing lane and had to change ground. Mr Milina failed to meet his obligations under Clause 4 of the passing lane regulations. The charge is proven.

PENALTY :

Mr Milina said he didn't feel very guilty and suggested a fine of $100.00. Mr Muirhead said the situation was avoidable. He said this was Mr Milina's second breach of the rules in 10 drives this season. He recommended a fine of $500.00 or a three day suspension or a suspension until the premier racing season was concluded on 31^st December 2007. Mr Milina had one previous breach of the Rules recorded against him in April 2007 for excessive use of the whip. In fixing penalty I took into account the following matters :

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1. The submissions of Mr Muirhead.
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2. The submissions of Mr Milina.
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3. Mr Milina's driving record.
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4. The offending was in the upper half on the scale of seriousness.
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5. The offending resulted in a relegation.
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6. The recommended starting point where there is a relegation is a fine of 4600.00 or a three week suspension.

Balancing those matters I suspended Mr Milina's horseman's licence until the end of racing on the 31^st December 2007 which is effectively 5 days.

B Rowe

Chairman

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hearing_type: Old Hearing

Rules: 869.4

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raceid: b097b4dce5d15bbeb2fe989665936eec

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race_title: Race 4

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meetdate: 18/12/2007

meet_title: Kumeu TC - 18 December 2007

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name: Kumeu TC