Kumeu TC – 5 May 2009 – Race 7
ID: JCA19893
Hearing Type (Code):
harness-racing
Meet Title:
Kumeu TC - 5 May 2009
Race Date:
2009/05/05
Race Number:
Race 7
Decision:
Following Race 7 Information # 67657 was filed by Stipendiary Steward Mr J Muirhead against Mr G Martin, driver of BETTORS STAR, alleging a breach a Rule 869 (3) (b) – Careless driving – in that he caused interference to AMBRASHIA driven by Mr S Argue, racing into the first bend.
Following Race 7 Information # 67657 was filed by Stipendiary Steward Mr J Muirhead against Mr G Martin, driver of BETTORS STAR, alleging a breach a Rule 869 (3) (b) – Careless driving – in that he caused interference to AMBRASHIA driven by Mr S Argue, racing into the first bend.
Mr Martin admitted the breach and was present at the hearing.
Mr Muirhead demonstrated the incident by use of the video film. Racing into the first bend, at the head of the field, Mr Martin moved his horse inwards when insufficiently clear of AMBRASHIA, his sulky wheel striking the near foreleg of AMBRASHIA, causing that horse to break and lose several lengths. Mr Martin was tapping up his horse. Mr Martin did not dispute Mr Muirhead’s account. He said his horse had a tender mouth due to a pre race incident and locked on to the bit, but he was not using that as an excuse.
PENALTY
Mr Muirhead said Mr Martin had been suspended for 2 weeks for careless driving on 16th January and for 1 month on the 1st February for careless driving. He said the offending was in the medium to high range on the scale of seriousness, particularly as it happened racing into the first bend. He said it was a bad error of judgment. He said Mr Martin had 33 drives last season and 28 drives so far this season. He suggested a 4 to 6 week suspension. Mr Martin did not dispute the assessment of the offending given by Mr Muirhead. He said the two previous incidents of careless driving occurred when he was driving a “bad horse” which has now been retired. He suggested a one month suspension.
In fixing penalty the Committee takes into account the following :
1. The guilty plea – although this was somewhat inevitable.
2. The submissions of Mr Muirhead.
3. The submissions of Mr Martin.
4. Mr Martin’s poor driving record.
5. The offending was in the upper half on the scale of seriousness.
6. The recommended starting point penalty of a $400 fine and/or 2 weeks suspension – although this has little relevance given the driving record.
Balancing those matters, and with emphasis on the seriousness of the breach and Mr Martin’s poor recent driving record, the Committee suspends Mr Martin’s horseman’s licence for a period of two months, commencing at the end of today’s racing and concluding at the end of racing on the 3rd of July 2009.
B J Rowe
Chair
67657
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: 44ad6b2e2b97c0feba5020d7d90bad48
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 05/05/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Kumeu TC - 5 May 2009 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following Race 7 Information # 67657 was filed by Stipendiary Steward Mr J Muirhead against Mr G Martin, driver of BETTORS STAR, alleging a breach a Rule 869 (3) (b) – Careless driving – in that he caused interference to AMBRASHIA driven by Mr S Argue, racing into the first bend.
Following Race 7 Information # 67657 was filed by Stipendiary Steward Mr J Muirhead against Mr G Martin, driver of BETTORS STAR, alleging a breach a Rule 869 (3) (b) – Careless driving – in that he caused interference to AMBRASHIA driven by Mr S Argue, racing into the first bend.
Mr Martin admitted the breach and was present at the hearing.
Mr Muirhead demonstrated the incident by use of the video film. Racing into the first bend, at the head of the field, Mr Martin moved his horse inwards when insufficiently clear of AMBRASHIA, his sulky wheel striking the near foreleg of AMBRASHIA, causing that horse to break and lose several lengths. Mr Martin was tapping up his horse. Mr Martin did not dispute Mr Muirhead’s account. He said his horse had a tender mouth due to a pre race incident and locked on to the bit, but he was not using that as an excuse.
PENALTY
Mr Muirhead said Mr Martin had been suspended for 2 weeks for careless driving on 16th January and for 1 month on the 1st February for careless driving. He said the offending was in the medium to high range on the scale of seriousness, particularly as it happened racing into the first bend. He said it was a bad error of judgment. He said Mr Martin had 33 drives last season and 28 drives so far this season. He suggested a 4 to 6 week suspension. Mr Martin did not dispute the assessment of the offending given by Mr Muirhead. He said the two previous incidents of careless driving occurred when he was driving a “bad horse” which has now been retired. He suggested a one month suspension.
In fixing penalty the Committee takes into account the following :
1. The guilty plea – although this was somewhat inevitable.
2. The submissions of Mr Muirhead.
3. The submissions of Mr Martin.
4. Mr Martin’s poor driving record.
5. The offending was in the upper half on the scale of seriousness.
6. The recommended starting point penalty of a $400 fine and/or 2 weeks suspension – although this has little relevance given the driving record.
Balancing those matters, and with emphasis on the seriousness of the breach and Mr Martin’s poor recent driving record, the Committee suspends Mr Martin’s horseman’s licence for a period of two months, commencing at the end of today’s racing and concluding at the end of racing on the 3rd of July 2009.
B J Rowe
Chair
67657
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 03733d55fd8dd64f5b52d1419a1b6f79
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
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meetdate: 05/05/2009
meet_title: Kumeu TC - 5 May 2009
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meet_racingtype: harness-racing
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