Nelson HRC – 8 January 2010 –

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startdate: 08/01/2010

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hearing_title: Nelson HRC - 8 January 2010 -

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RACEDAY JUDICIAL COMMITTEE DECISION 4031

Information No. 68317
Meeting  Nelson Harness Racing Club at Richmond Park, Nelson
Date Friday 8 January 2010
Judicial Committee Chairman :  P H M Welch  Panel Member :  P Williams
Race 7
Rule 869 (4)
Plea Admitted
Informant :  Mr N Ydgren, Stipendiary Steward
Defendant :  Mr R W Curtin, Driver,  INDEPENDENT LASS

Following an associated protest hearing into race 7, the Hoani Jack Cup Mobile Pace, an information was lodged against Mr R W Curtin, the driver of horse no. 6, INDEPENDENT LASS, alleging a breach of Rule 869 (4), in that he drove in a manner likely to cause interference when attempting to hold his position, with approximately 900 metres to run.

RACEDAY JUDICIAL COMMITTEE DECISION 

Information No. 68317
Meeting  Nelson Harness Racing Club at Richmond Park, Nelson
Date Friday 8 January 2010
Judicial Committee Chairman :  P H M Welch  Panel Member :  P Williams
Race 7
Rule 869 (4)
Plea Admitted
Informant :  Mr N Ydgren, Stipendiary Steward
Defendant :  Mr R W Curtin, Driver,  INDEPENDENT LASS

Following an associated protest hearing into race 7, the Hoani Jack Cup Mobile Pace, an information was lodged against Mr R W Curtin, the driver of horse no. 6, INDEPENDENT LASS, alleging a breach of Rule 869 (4), in that he drove in a manner likely to cause interference when attempting to hold his position, with approximately 900 metres to run.

Mr Curtin, in so endorsing the Information, admitted the breach and he elected not to be present.  The charge was found proved.

Explaining the circumstances, Stipendiary Steward Mr Ydgren referred to the video of the race and, reiterating the evidence adduced at the earlier protest hearing, he said that, racing down the back straight on the final occasion, at about the 900 metre make, Mr Curtin (on INDEPENDENT LASS) endeavoured to maintain a position in the running that he was not entitled to.

Mr Ydgren said that, inside him in the running, Mr Rogers (on DJ HANOVER) had a distinct and clear advantage over Mr Curtin at all times prior to interference occurring.  (It has been established at the Protest hearing that interference occurred to DJ HANOVER and, as a result, Mr Curtin’s horse, INDEPENDENT LASS, was subsequently relegated from 3rd placing).
The Stewards were of the view that Mr Curtin’s driving was the cause of the interference and, thus, the charge followed.

PENALTY
In respect to penalty, Mr Ydgren recommended a fine in the order of $250.00 and this was based on the fact that Mr Curtin openly admitted the breach and was frank in his account of the incident.  He did indicate, however, that whilst the judicial guide suggested a higher starting point, the Stewards did not support that stated figure for this particular incident.  He said that it would not be consistent with other recent penalties, which range from $200.00, and their submissions in this instance took into account a previous breach by Mr Curtin, albeit some months ago.

The Committee indicated that a higher penalty may be appropriate in this case, given a relegation took place and a horse had its chances affected as a result of the interference and that, if that were to be the case, it would require Mr Curtin’s presence.

Following further submissions, the hearing adjourned briefly and, on resumption, delivered its decision.

DECISION
Mr Curtin, driving INDEPENDENT LASS, has admitted a breach of Rule 869 (4), in that he drove in a manner likely to cause interference. 

Recommendations have been made from the Stipendiary Stewards regarding penalty, and we have checked records and perused the results of other recent charges.  We note that similar breaches have incurred penalties ranging from $200.00 to $250.00, or up to $400.00 for Group races, and these differ considerably from the recommendations in the guide for judicial panelists.  Having said that, it is a guide.

We are concerned that there was a relegation in this instance, and one horse may have been put out of contention as a result of the driving of Mr Curtin.  But, in the circumstances and for the sake of consistency, and taking into account his frank admission of the breach, we will accept the Stewards’ recommendation of a fine of $250.00 on this occasion.

However, we also suggest that Mr Curtin be left in no doubt as to what increased penalty may be incurred for similar breaches in the future.  In this case, he is fined the sum of $250.00.

P H Welch    P Williams
Chair            Committee member
68317

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hearing_type: Old Hearing

Rules: 869.4

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