Archive Decision

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NZ Metro TC – 11 November 2008 – Race 1

ID: JCA21714

Hearing Type:
Old Hearing

Rules:
869.3.b

Hearing Type (Code):
harness-racing

Meet Title:
NZ Metro TC - 11 November 2008

Race Date:
2008/11/11

Race Number:
Race 1

Decision:

Following the running of Race 1, the Searells Chartered Accountants Handicap Trot, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr R. H. Jenkins, driver of “Miss Warbucks” (3), alleging a breach of Rule 869(3)(b).  The charge was that Mr Jenkins drove carelessly when striking the sulky wheel of “Sunset Star” rounding the final bend.



Following the running of Race 1, the Searells Chartered Accountants Handicap Trot, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr R. H. Jenkins, driver of “Miss Warbucks” (3), alleging a breach of Rule 869(3)(b).  The charge was that Mr Jenkins drove carelessly when striking the sulky wheel of “Sunset Star” rounding the final bend.

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Mr Jenkins had indicated on the information that he admitted this breach of the Rules and he confirmed this at the hearing.  Mr Jenkins also agreed that he understood the Rule and the charge.

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Mr Escott used video coverage to illustrate this incident.  He said that it was accepted that Mr Jenkins was having problems with his horse, but in these circumstances he should have exercised more care.

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In explanation Mr Jenkins said that Mr Purdon’s horse was laying in at the time, and that this contributed to the incident.  Mr Jenkins also said that he had trouble clearing the wheel of Mr Purdon’s sulky when making his move.

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Penalty:

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In relation to penalty Mr Escott advised that Mr Jenkins had no relevant previous convictions.  As this was a $20,000-00 race on a Premier Day a fine of $500-00 was recommended.

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Mr Jenkins made submissions that in his belief the amount of the fine recommended was excessive as the actions of Mr Purdon’s horse had contributed to the incident.

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We adjourned to consider the matter of penalty.  We were satisfied that it should be taken into account that this was a $20,000-00 race on a Premier Day.  To Mr Jenkins’ credit we took into account his guilty plea and his clear record.  We also accepted that there was some contribution to this incident from Mr Purdon’s horse “Sunset Star”, and that this breach was at the lower end of the scale.  In all the circumstances we considered that a fine of $400-00 was appropriate and Mr Jenkins was fined this amount.

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J.  M. Phelan

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: ac20910afd259bd92752bc4f1d1fe524


informantnumber:


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hearing_racingtype: harness-racing


startdate: 11/11/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: NZ Metro TC - 11 November 2008 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 1, the Searells Chartered Accountants Handicap Trot, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr R. H. Jenkins, driver of “Miss Warbucks” (3), alleging a breach of Rule 869(3)(b).  The charge was that Mr Jenkins drove carelessly when striking the sulky wheel of “Sunset Star” rounding the final bend.



Following the running of Race 1, the Searells Chartered Accountants Handicap Trot, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr R. H. Jenkins, driver of “Miss Warbucks” (3), alleging a breach of Rule 869(3)(b).  The charge was that Mr Jenkins drove carelessly when striking the sulky wheel of “Sunset Star” rounding the final bend.

--

 

--

Mr Jenkins had indicated on the information that he admitted this breach of the Rules and he confirmed this at the hearing.  Mr Jenkins also agreed that he understood the Rule and the charge.

--

 

--

Mr Escott used video coverage to illustrate this incident.  He said that it was accepted that Mr Jenkins was having problems with his horse, but in these circumstances he should have exercised more care.

--

 

--

In explanation Mr Jenkins said that Mr Purdon’s horse was laying in at the time, and that this contributed to the incident.  Mr Jenkins also said that he had trouble clearing the wheel of Mr Purdon’s sulky when making his move.

--

 

--

Penalty:

--

 

--

In relation to penalty Mr Escott advised that Mr Jenkins had no relevant previous convictions.  As this was a $20,000-00 race on a Premier Day a fine of $500-00 was recommended.

--

 

--

Mr Jenkins made submissions that in his belief the amount of the fine recommended was excessive as the actions of Mr Purdon’s horse had contributed to the incident.

--

 

--

We adjourned to consider the matter of penalty.  We were satisfied that it should be taken into account that this was a $20,000-00 race on a Premier Day.  To Mr Jenkins’ credit we took into account his guilty plea and his clear record.  We also accepted that there was some contribution to this incident from Mr Purdon’s horse “Sunset Star”, and that this breach was at the lower end of the scale.  In all the circumstances we considered that a fine of $400-00 was appropriate and Mr Jenkins was fined this amount.

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J.  M. Phelan

Chairman

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.3.b


Informant:


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Respondent:


StipendSteward:


raceid: c693aa2ad0ae80ce6a5e66cadb8f674a


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race_emailed2: 0


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meetdate: 11/11/2008


meet_title: NZ Metro TC - 11 November 2008


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meet_racingtype: harness-racing


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name: NZ Metro TC