Kumeu TC – 30 March 2007 – Race 3

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startdate: 30/03/2007

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hearing_title: Kumeu TC - 30 March 2007 - Race 3

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Decision:

An information was lodged by Stipendiary Steward Mr BJ Van Kan against Mr B Lee the Driver of Raining Thunder alleging a breach of Rule 869(3)(b) ? Careless Driving ? in that he drove Raining Thunder carelessly

An information was lodged by Stipendiary Steward Mr BJ Van Kan against Mr B Lee the Driver of Raining Thunder alleging a breach of Rule 869(3)(b)  ? Careless Driving ? in that he drove Raining Thunder carelessly when racing three deep on the running line with approximately 1100 metres to run and allowed his horse to strike the sulky wheel of Marissa Star with the leg of Raining Thunder being caught in the back bar of the sulky of Marissa Star causing both horses to break and lose their chance.

Mr Lee did not admit the breach and was present at the Hearing.

Mr Lee acknowledged that he understood the relevant Rule.

Mr Van Kan demonstrated the incident by use of the video film which showed that prior to the 1100 metre mark Raining Thunder was trailing three back on the running line behind Marissa Star. Raining Thunder struck the back bar of the sulky of Marissa Star and one of its front legs ended up being caught across the back bar of the sulky of Marissa Star. This resulted in both horses breaking and losing their chance.

Mr Lee in his defence placed most of the blame on the horse. He said that the horse was unruly and that it pulls hard and he endeavoured to show on the film the horse pulling and this resulted in it getting its leg over the back bar of the sulky of Marissa Star. Mr Lee believed that the horse was 90% responsible for the problem that was caused to both Marissa Star and it. Mr Lee did not believe that he was responsible for the interference to both Marissa Star and his horse even though he was the Driver of Raining Thunder.

The Chairman then considered the evidence and viewed the films again and found the charge to be proven.

The parties were asked for recommendation as to penalty and Mr Van Kan recommended either of a fine of $400.00 or a suspension of three days. He pointed out that this incident affected the chances of two horses. He did say that in discussion with Mr Lee that Mr Lee preferred a fine and this was confirmed by Mr Lee.

In fixing the penalty the Chairman took into account the following matters:

(a) The not guilty plea.

(b) The submissions of Mr Van Kan.

(c) The submissions of Mr Lee.

(d) The fact that Mr Lee is an experienced horseman and he should have taken more care.

(e) The fact that the chances of two horses were interfered with.

(f) The evidence as a whole.

Balancing all of those matters the Chairman decided to impose a fine of $350.00 on Mr Lee.

BJ Scott

Chairman

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hearing_type: Old Hearing

Rules: 869.3.b

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raceid: 1db6318c8d9e1410c740ca2d623fbb96

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race_title: Race 3

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meetdate: 30/03/2007

meet_title: Kumeu TC - 30 March 2007

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name: Kumeu TC