Archive Decision

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Manukau TC – 17 June 2008 – Race 8

ID: JCA20281

Hearing Type:
Old Hearing

Rules:
864.2.d

Hearing Type (Code):
harness-racing

Meet Title:
Manukau TC - 17 June 2008

Race Date:
2008/06/17

Race Number:
Race 8

Decision: An information filed by Stipendiary Steward Mr J Muirhead against Mr T Mitchell, trainer of AQUADELMO alleging a breach of Rule 864 (2)(d) in that he failed to affix the off hind leg bandage so as to not come adrift

DECISION & REASON

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An information filed by Stipendiary Steward Mr J Muirhead against Mr T Mitchell, trainer of AQUADELMO alleging a breach of Rule 864 (2)(d) in that he failed to affix the off hind leg bandage so as to not come adrift. 

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Mr Mitchell admitted the breach and was present at the hearing.

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Mr Muirhead demonstrated the incident by use of the video film.  The bandage came undone shortly after the start of the run home.  Mr Muirhead said neither AQUADELMO nor any other horse was affected by the incident.  He said the damp track conditions could have been a contributing factor.  He said the rule covered a wide variety of gear issues - this matter was at the bottom end of the scale.

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Mr Mitchell said he uses elastoplast and tape over his bandages.  He had used a new brand of elastoplast today.  He would not use it again.  He also referred to the damp track conditions.

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PENALTY

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Mr Muirhead referred to the recommended starting point of $250.00 and said he thought that was too high for this particular type of breach.  Mr Mitchell had no previous relevant breaches of the rules.  He referred to the damp track conditions.  He recommended a fine of $100.00.  Mr Mitchell agreed with the submissions of Mr Muirhead.  He asked for the lightest possible fine. 

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In fixing penalty I take into account the following :

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1.            The guilty plea.

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2.            The submissions of Mr Muirhead - with which I agree.

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3.            The submissions of Mr Mitchell.

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4.            Mr Mitchell's clear record.

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5.            The offending was at the bottom end of the scale.

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6.            Previous penalties imposed for a breach of this rule range from $100.00 to $250.00 - probably reflecting the variety of breaches covered by the rule.

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Balancing those matters I impose a fine of $100.00.

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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: 591febddf9a4b497227d114eee4b6df9


informantnumber:


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hearing_racingtype: harness-racing


startdate: 17/06/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Manukau TC - 17 June 2008 - Race 8


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

An information filed by Stipendiary Steward Mr J Muirhead against Mr T Mitchell, trainer of AQUADELMO alleging a breach of Rule 864 (2)(d) in that he failed to affix the off hind leg bandage so as to not come adrift

DECISION & REASON

--

 

--

An information filed by Stipendiary Steward Mr J Muirhead against Mr T Mitchell, trainer of AQUADELMO alleging a breach of Rule 864 (2)(d) in that he failed to affix the off hind leg bandage so as to not come adrift. 

--

 

--

Mr Mitchell admitted the breach and was present at the hearing.

--

 

--

Mr Muirhead demonstrated the incident by use of the video film.  The bandage came undone shortly after the start of the run home.  Mr Muirhead said neither AQUADELMO nor any other horse was affected by the incident.  He said the damp track conditions could have been a contributing factor.  He said the rule covered a wide variety of gear issues - this matter was at the bottom end of the scale.

--

 

--

Mr Mitchell said he uses elastoplast and tape over his bandages.  He had used a new brand of elastoplast today.  He would not use it again.  He also referred to the damp track conditions.

--

 

--

 

--

PENALTY

--

 

--

Mr Muirhead referred to the recommended starting point of $250.00 and said he thought that was too high for this particular type of breach.  Mr Mitchell had no previous relevant breaches of the rules.  He referred to the damp track conditions.  He recommended a fine of $100.00.  Mr Mitchell agreed with the submissions of Mr Muirhead.  He asked for the lightest possible fine. 

--

 

--

In fixing penalty I take into account the following :

--

 

--

1.            The guilty plea.

--

2.            The submissions of Mr Muirhead - with which I agree.

--

3.            The submissions of Mr Mitchell.

--

4.            Mr Mitchell's clear record.

--

5.            The offending was at the bottom end of the scale.

--

6.            Previous penalties imposed for a breach of this rule range from $100.00 to $250.00 - probably reflecting the variety of breaches covered by the rule.

--

 

--

Balancing those matters I impose a fine of $100.00.

--

 

--

 

--

B Rowe

Chairman

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 864.2.d


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meetdate: 17/06/2008


meet_title: Manukau TC - 17 June 2008


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name: Manukau TC