Archive Decision

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Northern Southland TC – 4 April 2009 – Race 3

ID: JCA21740

Hearing Type:
Old Hearing

Rules:
869.3.b

Hearing Type (Code):
harness-racing

Meet Title:
Northern Southland TC - 4 April 2009

Race Date:
2009/04/04

Race Number:
Race 3

Decision:

Under Rule 869 (3) (b) an information was lodged alleging that Mr M Kerr driver of PRATTLE ON drove carelessly when shifting outwards on PRATTLE ON, coming into contact with MILLY JACCKA which locked wheels with ESWEETASHONEY.

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Under Rule 869 (3) (b) an information was lodged alleging that Mr M Kerr driver of PRATTLE ON drove carelessly when shifting outwards on PRATTLE ON, coming into contact with MILLY JACCKA which locked wheels with ESWEETASHONEY.

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Stipendiary Steward Mr Allison used video to demonstrate where the alleged careless driving incident had occurred.  Mr Kerr, driver of no. 11 PRATTLE ON was travelling four deep on the rails.  Mr Armour, driving MILLY JACCKA, was following PRATTLE ON.  Mr Allison alleged that Mr Kerr moved outwards without carefully checking to ensure that he was clear to do so.  Whilst moving outwards it was alleged that Mr Kerr’s horse made contact with Mr Armour’s horse, causing it to check and lock wheels with no. 4, ESWEETASHONEY.  Both horses lost several lengths as a consequence.
Mr Kerr, in his evidence, stated that it was his belief that Mr Armour should not have been attempting to improve his position because there was no room to do so.
Mr Armour, whilst giving evidence, stated that there was ample room to move, and that it was an example of good aggressive driving that he beat Mr Kerr to the gap.  He used head on film to support his case.
Mr Knowles, in his summary, stated that there was room for Mr Armour to shift into.  He said that Mr Kerr did not look and had moved out and caused interference to MILLY JACCKA and ESWEETASHONEY.  ESWEETASHONEY did recover and finish in 2nd placing.
DECISION
The committee found the charge proved and before deciding penalty, viewed Mr Kerry’s previous driving record - which was practically without blemish for over 40 years - and heard a suggested range of penalties from the stipendiary stewards.  Mr Kerr was also offered the opportunity to make comment with regard to penalty.
PENALTY
The committee decided to suspend Mr Kerr from driving up to and including 19 April 2009 (2 driving days).

--

A. Dennis, Chair
J Eagles

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: b1068efd7a2bf1722adfb04a4da8b025


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 04/04/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Northern Southland TC - 4 April 2009 - Race 3


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Under Rule 869 (3) (b) an information was lodged alleging that Mr M Kerr driver of PRATTLE ON drove carelessly when shifting outwards on PRATTLE ON, coming into contact with MILLY JACCKA which locked wheels with ESWEETASHONEY.

--


 



Under Rule 869 (3) (b) an information was lodged alleging that Mr M Kerr driver of PRATTLE ON drove carelessly when shifting outwards on PRATTLE ON, coming into contact with MILLY JACCKA which locked wheels with ESWEETASHONEY.

--

Stipendiary Steward Mr Allison used video to demonstrate where the alleged careless driving incident had occurred.  Mr Kerr, driver of no. 11 PRATTLE ON was travelling four deep on the rails.  Mr Armour, driving MILLY JACCKA, was following PRATTLE ON.  Mr Allison alleged that Mr Kerr moved outwards without carefully checking to ensure that he was clear to do so.  Whilst moving outwards it was alleged that Mr Kerr’s horse made contact with Mr Armour’s horse, causing it to check and lock wheels with no. 4, ESWEETASHONEY.  Both horses lost several lengths as a consequence.
Mr Kerr, in his evidence, stated that it was his belief that Mr Armour should not have been attempting to improve his position because there was no room to do so.
Mr Armour, whilst giving evidence, stated that there was ample room to move, and that it was an example of good aggressive driving that he beat Mr Kerr to the gap.  He used head on film to support his case.
Mr Knowles, in his summary, stated that there was room for Mr Armour to shift into.  He said that Mr Kerr did not look and had moved out and caused interference to MILLY JACCKA and ESWEETASHONEY.  ESWEETASHONEY did recover and finish in 2nd placing.
DECISION
The committee found the charge proved and before deciding penalty, viewed Mr Kerry’s previous driving record - which was practically without blemish for over 40 years - and heard a suggested range of penalties from the stipendiary stewards.  Mr Kerr was also offered the opportunity to make comment with regard to penalty.
PENALTY
The committee decided to suspend Mr Kerr from driving up to and including 19 April 2009 (2 driving days).

--

A. Dennis, Chair
J Eagles


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.3.b


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4c944dca09e1e0ed70defff8f972fc14


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race_emailed1: 0


race_emailed2: 0


race_title: Race 3


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meetdate: 04/04/2009


meet_title: Northern Southland TC - 4 April 2009


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meet_racingtype: harness-racing


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name: Northern Southland TC