Manawatu HRC – 28 February 2008 –

hearingid: 52a8c0a97608cd8f3a6ebf0c6cf9fd51

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hearing_racingtype: harness-racing

startdate: 28/02/2008

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hearing_title: Manawatu HRC - 28 February 2008 -

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The information alleges that MW McKendry the driver of CIRCLE IN THE SANDS drove carelessly when he shifted ground inwards on the run home causing a check to ATOMIC MOTORING, N Molander, with ATOMIC MOTORING breaking as a result.  Mr McKendry was present at the hearing and did not admit the breach.

Mr McKendry when asked did not want the rule read saying he would take same as read. 

Mr Escott demonstrated films of the alleged incident and gave his interpretation of same.

Mrs Molander when questioned said Mr McKendry had come down on her horse and caused it to break.

Mr Taumanu when asked by Mr Escott also gave his interpretation of the incident and had no doubt Mrs Molander’s horse broke due to Mr McKendry’s inward movement.

Mr McKendry for his part felt the charge should not have been laid and did not hide his displeasure in same, at which stage Mr Escott cautioned Mr McKendry as to his conduct.

Those present having nothing further to add left the Judicial Room.

The Chairman having viewed the films and heard all of the evidence found the breach proven.

Prior to arriving at a penalty the Chairman asked for Mr McKendry’s record which showed his last charge under this rule was on the 24.12.07 where he was fined $300.00.  His record was very good considering he is a very active horseman who has many drives.

The Stipendiary Stewards felt the incident was not of a minor nature but due to Mr McKendry’s very good record a fine rather than a suspension would be appropriate.

When arriving at a Penalty the Chairman took into account Mr McKendry’s excellent record and also the Stipendiary Stewards recommendation of a fine rather than a suspension.

Mr McKendry did on this occasion make an error of judgement and did cause another horse to break resulting in that horse losing any chance it may have had and a fine of

$350.00 was felt appropriate.

After delivering the penalty the Chairman felt it necessary to advise Mr McKendry of his disappointment that a senior and very respected horseman of his standing would continually interject and have outbursts during an inquiry but stressed his behaviour was not taken into account when arriving at a penalty.

BP Holland

Chairman

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