Archive Decision

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Kumeu TC – 27 March 2009 – Race 1

ID: JCA20696

Hearing Type:
Old Hearing

Rules:
869.3.b

Hearing Type (Code):
harness-racing

Meet Title:
Kumeu TC - 27 March 2009

Race Date:
2009/03/27

Race Number:
Race 1

Decision:

An information filed by Stipendiary Steward Mr J. Muirhead against Mr D. Moore driver of JABAL AKDAR alleging a breach of rule 869 (3) (b) – Careless Driving – in that he drove his horse carelessly racing into the first bend causing interference to STILETTO POINT driven by Mr A.G. Herlihy resulting in that horse breaking and losing all chance. 



An information filed by Stipendiary Steward Mr J. Muirhead against Mr D. Moore driver of JABAL AKDAR alleging a breach of rule 869 (3) (b) – Careless Driving – in that he drove his horse carelessly racing into the first bend causing interference to STILETTO POINT driven by Mr A.G. Herlihy resulting in that horse breaking and losing all chance.  Mr Moore admitted the breach and was present at the hearing.  The circumstances of this breach were canvassed in the associated protest hearing.  Mr Moore allowed his horse to drift inwards causing STILETTO POINT to hit a marker peg and break.  Mr Moore said the incident had happened quickly and he had reacted too slowly. 

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Penalty:

--

Mr Muirhead said that Mr Moore had a clear driving record and that the recommended starting point was a fine of $400.00 and/or two weeks suspension.  He said this was not the worse case of its type.  He said Mr Moore only drove infrequently.  Mr Moore said he would prefer a suspsension rather than a fine.  He said JABAL AKDAR was the only horse that he drove.  In fixing penalty the committee takes into account the following matters:

--

1. The guilty plea.
2. The submissions of Mr Muirhead.
3. The submissions of Mr Moore.
4. Mr Moore’s clear driving record.
5. The offending was mid-range on the scale of seriousness.
6. The recommended starting point for penalty as stated by Mr Muirhead.
7. The infrequency of Mr Moore’s driving.

--

Balancing those matters the committee suspends Mr Moore’s horseman’s licence for a period of three weeks commencing at the conclusion of tonight’s racing and ending at the conclusion of racing on 17th April 2009.

--

 

--


B. Rowe
Chairman

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: 7dbec2f496b75f12626db348631795ff


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 27/03/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Kumeu TC - 27 March 2009 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

An information filed by Stipendiary Steward Mr J. Muirhead against Mr D. Moore driver of JABAL AKDAR alleging a breach of rule 869 (3) (b) – Careless Driving – in that he drove his horse carelessly racing into the first bend causing interference to STILETTO POINT driven by Mr A.G. Herlihy resulting in that horse breaking and losing all chance. 



An information filed by Stipendiary Steward Mr J. Muirhead against Mr D. Moore driver of JABAL AKDAR alleging a breach of rule 869 (3) (b) – Careless Driving – in that he drove his horse carelessly racing into the first bend causing interference to STILETTO POINT driven by Mr A.G. Herlihy resulting in that horse breaking and losing all chance.  Mr Moore admitted the breach and was present at the hearing.  The circumstances of this breach were canvassed in the associated protest hearing.  Mr Moore allowed his horse to drift inwards causing STILETTO POINT to hit a marker peg and break.  Mr Moore said the incident had happened quickly and he had reacted too slowly. 

--

Penalty:

--

Mr Muirhead said that Mr Moore had a clear driving record and that the recommended starting point was a fine of $400.00 and/or two weeks suspension.  He said this was not the worse case of its type.  He said Mr Moore only drove infrequently.  Mr Moore said he would prefer a suspsension rather than a fine.  He said JABAL AKDAR was the only horse that he drove.  In fixing penalty the committee takes into account the following matters:

--

1. The guilty plea.
2. The submissions of Mr Muirhead.
3. The submissions of Mr Moore.
4. Mr Moore’s clear driving record.
5. The offending was mid-range on the scale of seriousness.
6. The recommended starting point for penalty as stated by Mr Muirhead.
7. The infrequency of Mr Moore’s driving.

--

Balancing those matters the committee suspends Mr Moore’s horseman’s licence for a period of three weeks commencing at the conclusion of tonight’s racing and ending at the conclusion of racing on 17th April 2009.

--

 

--


B. Rowe
Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.3.b


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 64f82c4d68d16a45357f9c40a7ea2885


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race_emailed2: 0


race_title: Race 1


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meetdate: 27/03/2009


meet_title: Kumeu TC - 27 March 2009


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meet_racingtype: harness-racing


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name: Kumeu TC