Archive Decision

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Northland TC – 7 July 2009 –

ID: JCA22442

Hearing Type:
Old Hearing

Rules:
869.4

Hearing Type (Code):
harness-racing

Decision:

An information filed by Stipendiary Steward Mr J. Muirhead against Junior Horseman Mr C. Driver, driver of PRESIDELL alleging a breach of  Rule 869(4) and (6)(b) and (c) in that he improved his horse outwards with approximately 1600m to run forcing PUREORA MAC to race wider on the track. 



An information filed by Stipendiary Steward Mr J. Muirhead against Junior Horseman Mr C. Driver, driver of PRESIDELL alleging a breach Rule 869(4) and (6)(b) and (c) in that he improved his horse outwards with approximately 1600m to run forcing PUREORA MAC to race wider on the track. 

--

Mr Driver, having received advice from senior horseman Mr L. Driver, admitted the breach and did not wish to be present at the hearing. 

--

Mr Muirhead demonstrated the incident by use of the video film.  BORNAGAINMAORI driven by Mr M. McKendry choked down and Mr McKendry called out to other drivers.  Mr B. Mangos driver of G BOSS which was racing outside BORNAGAINMAORI moved his horse outwards to allow Mr McKendry to move out from the marker pegs.  Mr Driver then moved his horse outwards to follow BORNAGAINMAORI and in so doing forced PUREORA MAC to race wider on the track. 

--

Penalty:

--

Mr Muirhead said Mr Driver had no relevant breaches of the rules recorded against him.  He said the offending was in the bottom half of the scale of seriousness.  He recommended a fine of $200.00.  In fixing penalty the committee takes into account the following:

--

1. The guilty plea.
2. The submissions of Mr Muirhead.
3. The offending was mid to lower on the scale of seriousness.
4. Mr Driver’s clear driving record.
5. The recommended starting point for penalty is a fine of $250.00.

--

Balancing those matters a fine of $200.00 is imposed.

--

 

--

B. Rowe
CHAIR

--

67699

--

 

--

 

--


 

Decision Date: 07/07/2009

Publish Date: 07/07/2009

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: cfe5722ca11eb056d97c53919dd56f76


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 07/07/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Northland TC - 7 July 2009 -


charge:


facts:


appealdecision:


isappeal:


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reasonsfordecision:


Decision:

An information filed by Stipendiary Steward Mr J. Muirhead against Junior Horseman Mr C. Driver, driver of PRESIDELL alleging a breach of  Rule 869(4) and (6)(b) and (c) in that he improved his horse outwards with approximately 1600m to run forcing PUREORA MAC to race wider on the track. 



An information filed by Stipendiary Steward Mr J. Muirhead against Junior Horseman Mr C. Driver, driver of PRESIDELL alleging a breach Rule 869(4) and (6)(b) and (c) in that he improved his horse outwards with approximately 1600m to run forcing PUREORA MAC to race wider on the track. 

--

Mr Driver, having received advice from senior horseman Mr L. Driver, admitted the breach and did not wish to be present at the hearing. 

--

Mr Muirhead demonstrated the incident by use of the video film.  BORNAGAINMAORI driven by Mr M. McKendry choked down and Mr McKendry called out to other drivers.  Mr B. Mangos driver of G BOSS which was racing outside BORNAGAINMAORI moved his horse outwards to allow Mr McKendry to move out from the marker pegs.  Mr Driver then moved his horse outwards to follow BORNAGAINMAORI and in so doing forced PUREORA MAC to race wider on the track. 

--

Penalty:

--

Mr Muirhead said Mr Driver had no relevant breaches of the rules recorded against him.  He said the offending was in the bottom half of the scale of seriousness.  He recommended a fine of $200.00.  In fixing penalty the committee takes into account the following:

--

1. The guilty plea.
2. The submissions of Mr Muirhead.
3. The offending was mid to lower on the scale of seriousness.
4. Mr Driver’s clear driving record.
5. The recommended starting point for penalty is a fine of $250.00.

--

Balancing those matters a fine of $200.00 is imposed.

--

 

--

B. Rowe
CHAIR

--

67699

--

 

--

 

--


 


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hearing_type: Old Hearing


Rules: 869.4


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