Archive Decision

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Manawatu HRC 21 May 2019 – R 4 – Chair, Mr N McCutcheon

ID: JCA18141

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Mr J H Abernethy - Driver of RED RIVER DASH

Information Number:
A10270

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(4)

Plea:
admitted

Meet Title:
Manawatu HRC - 21 May 2019

Meet Chair:
NMcCutcheon

Race Date:
2019/05/21

Race Number:
R 4

Decision:

As the charge was admitted it was deemed to be proved.

Penalty:

Mr Abernethy was fined $200.

Facts:

Following the running of Race 4 (Roydon Williams Photography Mobile Pace) Information No. A10270 was filed with the Judicial Committee. It was alleged by the Informant that Mr Abernethy attempted to shift RED RIVER DASH outwards inside the 800m which resulted in the mare breaking and losing some lengths.

Mr Abernethy said that he knew the Rule and confirmed that he admitted the breach.

The films were shown with Mr Mulcay identifying horse and Driver. He said that inside the 800m Mr Abernethy attempted to shift out when there was insufficient room to do so and as a consequence his horse made contact with KATAMACH’s sulky, became unbalanced and broke.

Mr Abernethy said that he admitted the breach, that his horse only lost a little ground and that it made no difference to his finishing position.

Submissions for Penalty:

Mr Mulcay said that the JCA Penalty Guideline for such a breach was a fine of $300. He said that Mr Abernethy had a clear record and that the mitigating features were the admission of the breach and that his horse did not lose very much ground.

Mr Abernethy said that Mr Mulcay had covered the matter very well and had nothing further to add.

Reasons for Penalty:

The Committee took into account that Mr Abernethy had a good record and that no other runner was affected by his shift. His admission of the breach was also a mitigating feature. Taking all those matters into consideration it was determined that a discount from the JCA Penalty Guideline starting point of a $300 fine was justified.

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: f2d54cc519e3df9cb3e9e20fa7896f89


informantnumber: A10270


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 27/05/2019


hearing_title: Manawatu HRC 21 May 2019 - R 4 - Chair, Mr N McCutcheon


charge:


facts:

Following the running of Race 4 (Roydon Williams Photography Mobile Pace) Information No. A10270 was filed with the Judicial Committee. It was alleged by the Informant that Mr Abernethy attempted to shift RED RIVER DASH outwards inside the 800m which resulted in the mare breaking and losing some lengths.

Mr Abernethy said that he knew the Rule and confirmed that he admitted the breach.

The films were shown with Mr Mulcay identifying horse and Driver. He said that inside the 800m Mr Abernethy attempted to shift out when there was insufficient room to do so and as a consequence his horse made contact with KATAMACH’s sulky, became unbalanced and broke.

Mr Abernethy said that he admitted the breach, that his horse only lost a little ground and that it made no difference to his finishing position.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was deemed to be proved.


sumissionsforpenalty:

Mr Mulcay said that the JCA Penalty Guideline for such a breach was a fine of $300. He said that Mr Abernethy had a clear record and that the mitigating features were the admission of the breach and that his horse did not lose very much ground.

Mr Abernethy said that Mr Mulcay had covered the matter very well and had nothing further to add.


reasonsforpenalty:

The Committee took into account that Mr Abernethy had a good record and that no other runner was affected by his shift. His admission of the breach was also a mitigating feature. Taking all those matters into consideration it was determined that a discount from the JCA Penalty Guideline starting point of a $300 fine was justified.


penalty:

Mr Abernethy was fined $200.


hearing_type: Hearing


Rules: 869(4)


Informant: Mr S Mulcay - Stipendiary Steward


JockeysandTrainer: Mr J H Abernethy - Driver of RED RIVER DASH


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8604ac4a607100be37c3a4b76da20c96


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f12efb435431dbd5a53424edf742d9f8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/05/2019


meet_title: Manawatu HRC - 21 May 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: manawatu-hrc


meet_racingtype: harness-racing


meet_chair: NMcCutcheon


meet_pm1: none


meet_pm2: none


name: Manawatu HRC