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NZ Metro TC – 1 April 2011 – R 4

ID: JCA15152

Applicant:
Mr J. M. Muirhead - Stipendiary Steward

Respondent(s):
Mr J. F. Curtin - Open Horseman

Information Number:
69027

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 1 April 2011

Meet Chair:
JPhelan

Meet Committee Member 1:
RMcKenzie

Meet Committee Member 2:
BRowe

Race Date:
2011/04/01

Race Number:
R1

Decision:

The charge was found to be proved.

Penalty:

On resuming the hearing we advised the parties of our reasons and that Mr Curtin was fined the sum of $400.

Charge:

Alleged breach of Rule 869(3)(b)

Facts:

Following the running of Race 4, the Garrads Horse & Hound – Inter Dominion Trotters (Heat 3), an Information was filed by Stipendiary Steward Mr J. M. Muirhead against Open Horseman Mr J. F. Curtin, the driver of “Dr Hook” (10), alleging a breach of Rule 869(3)(b) in that he drove carelessly.

The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that horseman J. Curtin drove DR HOOK carelessly causing interference to RONERAIL (G. Campbell) with approx. 100m to run.”

Rules 869(3)(b) reads as follows,
“(3) No horseman in any race shall drive:-   (b) carelessly..”

Mr Curtin had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Curtin also agreed that he understood the charge and the Rule it was brought under.

Submissions for Decision:

Mr Muirheard gave evidence and used video coverage to show that late in the run home Mr Curtin was racing at the rear of the field and was looking for a run. While improving Mr Curtin came from behind “Ronerail”, and in doing so caused a check to that horse.

Mr Curtin explained that when he was looking for a run he was going a bit “too good” and when he came thorough he was going to run into Mr McGrath, and had to take a gap to avoid this happening, with the result that he checked “Ronerail”.

It was also established during the hearing of submissions that this incident did not result in “Ronerail” missing out on qualifying points.

Reasons for Decision:

As Mr Curtin had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submissions for Penalty:

In relation to penalty Mr Muirhead advised that Mr Curtin had no relevant previous convictions. Mr Muirhead also assessed the breach as being at the lower end of the range, and referred to the Penalty Guide which recommends a starting point of a fine of $600 for a breach in a major race.
 
Mr Curtin had no submissions to make regarding penalty.
 
We adjourned to consider the matter of penalty.

Reasons for Penalty:

We were satisfied that an appropriate starting point for a penalty for a breach of this Rule is a fine of $600, as the race was an Inter Dominion heat. We were also satisfied that to Mr Curtin’s credit he had admitted the breach and had a clear record. We also agreed that the breach was at the lower end of the scale. Taking all these matters into account we decided that a fine of $400 should be imposed in this case.

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: 7097f7d63b1553874dfe7f4bb360a3ed

informantnumber: 69027

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 24/02/2011

hearing_title: NZ Metro TC - 1 April 2011 - R 4

charge:

Alleged breach of Rule 869(3)(b)

facts:

Following the running of Race 4, the Garrads Horse & Hound – Inter Dominion Trotters (Heat 3), an Information was filed by Stipendiary Steward Mr J. M. Muirhead against Open Horseman Mr J. F. Curtin, the driver of “Dr Hook” (10), alleging a breach of Rule 869(3)(b) in that he drove carelessly.

The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that horseman J. Curtin drove DR HOOK carelessly causing interference to RONERAIL (G. Campbell) with approx. 100m to run.”

Rules 869(3)(b) reads as follows,
“(3) No horseman in any race shall drive:-   (b) carelessly..”

Mr Curtin had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Curtin also agreed that he understood the charge and the Rule it was brought under.

appealdecision:

isappeal:

submissionsfordecision:

Mr Muirheard gave evidence and used video coverage to show that late in the run home Mr Curtin was racing at the rear of the field and was looking for a run. While improving Mr Curtin came from behind “Ronerail”, and in doing so caused a check to that horse.

Mr Curtin explained that when he was looking for a run he was going a bit “too good” and when he came thorough he was going to run into Mr McGrath, and had to take a gap to avoid this happening, with the result that he checked “Ronerail”.

It was also established during the hearing of submissions that this incident did not result in “Ronerail” missing out on qualifying points.

reasonsfordecision:

As Mr Curtin had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:

The charge was found to be proved.

sumissionsforpenalty:

In relation to penalty Mr Muirhead advised that Mr Curtin had no relevant previous convictions. Mr Muirhead also assessed the breach as being at the lower end of the range, and referred to the Penalty Guide which recommends a starting point of a fine of $600 for a breach in a major race.
 
Mr Curtin had no submissions to make regarding penalty.
 
We adjourned to consider the matter of penalty.

reasonsforpenalty:

We were satisfied that an appropriate starting point for a penalty for a breach of this Rule is a fine of $600, as the race was an Inter Dominion heat. We were also satisfied that to Mr Curtin’s credit he had admitted the breach and had a clear record. We also agreed that the breach was at the lower end of the scale. Taking all these matters into account we decided that a fine of $400 should be imposed in this case.

penalty:

On resuming the hearing we advised the parties of our reasons and that Mr Curtin was fined the sum of $400.

hearing_type: Hearing

Rules: 869(3)(b)

Informant: Mr J. M. Muirhead - Stipendiary Steward

JockeysandTrainer: Mr J. F. Curtin - Open Horseman

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 26ef9484397c4ee657deac7ca32893e3

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R1

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: b944e0aa65fa7854f61547a46d3bf524

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 01/04/2011

meet_title: NZ Metro TC - 1 April 2011

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: nz-metro-tc

meet_racingtype: harness-racing

meet_chair: JPhelan

meet_pm1: RMcKenzie

meet_pm2: BRowe

name: NZ Metro TC