NZ Metro TC – 12 November 2004 –
ID: JCA22305
Hearing Type (Code):
harness-racing
Decision: --
Following the running of Race 9, the Porter Group Hyundai Construction Equipment NZ Trotting Free-For-All, an information was lodged by Chief Stipendiary Mr N. R. Escott against Mr M. Marais, the driver of Gold N Gold (6), alleging a breach of the "half carting" rule (Rule (869(5)) and unfastening the chin strap of his helmet while seated in the sulky (Rule 847(2)).
| -- DECISION AND REASONS: --Following the running of Race 9, the Porter Group Hyundai Construction Equipment NZ Trotting Free-For-All, an information was lodged by Chief Stipendiary Mr N. R. Escott against Mr M. Marais, the driver of Gold N Gold (6), alleging a breach of the "half carting" rule (Rule (869(5)) and unfastening the chin strap of his helmet while seated in the sulky (Rule 847(2)). --Mr Marais had indicated on the information that he admitted both breaches of the Rules and he confirmed this at the hearing. Mr Marais also acknowledged that he understood the Rules and the charges. ------Mr Escott gave evidence that between the 800 metre and 600 metre marks Mr Marais was seen to be half carting. This resulted in the trailing drivers being in two minds whether to try and enter the space left by Mr Marais. Video coverage of this incident was also shown to illustrate what had happened. --Mr Marais gave evidence but he did not dispute that he had breached this rule. --In relation to the chin strap charge Mr Escott gave evidence that Mr Marais had been spoken to on two previous occasions by Stipendiary Steward Mr McIntyre about this breach. After today's race Mr Marais was again observed to undo his chin strap while still seated in his sulky. --Mr Marais agreed that he had breached this rule. He said that the rule was different in Australia, but agreed he had been warned about the matter. --Penalty: Mr Escott recommended a fine of $500-00 for the breach of the half carting rule on the basis that this was a Premier meeting and the race was a feature race. Mr Escott recommended a fine of $100-00 on the chin strap charge. --Mr Marais had no submissions to make in relation to the recommended penalties. --Having heard from Mr Escott as to penalty we were satisfied that the fines proposed were appropriate. Mr Marais was therefore fined the sum of $500-00 for the breach of Rule 869(5) and $100-00 for the breach of Rule 847(2). --
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Decision Date: 12/11/2004
Publish Date: 12/11/2004
JCA Decision Fields (raw)
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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: b0ae307a0358cceb47f9929253e9d436
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 12/11/2004
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 12 November 2004 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 9, the Porter Group Hyundai Construction Equipment NZ Trotting Free-For-All, an information was lodged by Chief Stipendiary Mr N. R. Escott against Mr M. Marais, the driver of Gold N Gold (6), alleging a breach of the "half carting" rule (Rule (869(5)) and unfastening the chin strap of his helmet while seated in the sulky (Rule 847(2)).
| -- DECISION AND REASONS: --Following the running of Race 9, the Porter Group Hyundai Construction Equipment NZ Trotting Free-For-All, an information was lodged by Chief Stipendiary Mr N. R. Escott against Mr M. Marais, the driver of Gold N Gold (6), alleging a breach of the "half carting" rule (Rule (869(5)) and unfastening the chin strap of his helmet while seated in the sulky (Rule 847(2)). --Mr Marais had indicated on the information that he admitted both breaches of the Rules and he confirmed this at the hearing. Mr Marais also acknowledged that he understood the Rules and the charges. ------Mr Escott gave evidence that between the 800 metre and 600 metre marks Mr Marais was seen to be half carting. This resulted in the trailing drivers being in two minds whether to try and enter the space left by Mr Marais. Video coverage of this incident was also shown to illustrate what had happened. --Mr Marais gave evidence but he did not dispute that he had breached this rule. --In relation to the chin strap charge Mr Escott gave evidence that Mr Marais had been spoken to on two previous occasions by Stipendiary Steward Mr McIntyre about this breach. After today's race Mr Marais was again observed to undo his chin strap while still seated in his sulky. --Mr Marais agreed that he had breached this rule. He said that the rule was different in Australia, but agreed he had been warned about the matter. --Penalty: Mr Escott recommended a fine of $500-00 for the breach of the half carting rule on the basis that this was a Premier meeting and the race was a feature race. Mr Escott recommended a fine of $100-00 on the chin strap charge.--Mr Marais had no submissions to make in relation to the recommended penalties. --Having heard from Mr Escott as to penalty we were satisfied that the fines proposed were appropriate. Mr Marais was therefore fined the sum of $500-00 for the breach of Rule 869(5) and $100-00 for the breach of Rule 847(2). --
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sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 847.2, 869.5
Informant:
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StipendSteward:
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