NZ Metro TC – 28 June 2011 – R 1
ID: JCA13928
Meet Title:
NZ Metro TC - 28 June 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
PRosanowski
Race Date:
2011/06/28
Race Number:
R1
Decision:
As Mr Burrows had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Mr Burrows was fined the sum of $300-00.
Charge:
Alleged breach of Rule 869(4)
Facts:
Following the running of Race 1, the CRT Mobile Trot, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr D. G. Burrows, the driver of “Tuinfro” (11), alleging a breach of Rule 869(4) in that he drove in a manner which caused interference.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) in that Mr Burrows drove in a manner causing interference prior to the 1000m when shifting out on to Midfrew Medusa when not sufficiently clear causing this horse to break.”
Rule 869(4) reads as follows –
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”
Mr Burrows had indicated on the Information that this breach of the Rules was admitted and he also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
There had previously been a protest hearing relating to this incident, and it was agreed that the evidence from that hearing would be used for this hearing. The facts were that Mr Burrows had moved his horse outwards at about the 1000 metre mark when not sufficiently clear and had caused interference to “Midfrew Medusa” which broke.
Reasons for Decision:
As Mr Burrows 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 Ydgren advised that Mr Burrows had not previously breached this Rule, and that he had admitted the breach at the earliest opportunity. However this breach had resulted in Mr Burrows’ horse being relegated, and another horse losing its chance. Mr Ydgren submitted that a fine of between $300-00 and $400-00 should be imposed.
Mr Burrows said he thought a fine as submitted was a “bit steep” for a first offence.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
In considering the matter of an appropriate penalty we took into account that Mr Burrows had admitted the breach and also that he had not previously breached this Rule. On the other hand we also took into account that Mr Burrows’ horse had been relegated from its 3rd placing, and that “Midfrew Medusa” lost its chance in the race.
Taking all these matters into account we decided that Mr Burrows would be fined the sum of $300-00 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: 81afcecdd09614654f652fad0edee97c
informantnumber: 64883
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 23/06/2011
hearing_title: NZ Metro TC - 28 June 2011 - R 1
charge:
Alleged breach of Rule 869(4)
facts:
Following the running of Race 1, the CRT Mobile Trot, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr D. G. Burrows, the driver of “Tuinfro” (11), alleging a breach of Rule 869(4) in that he drove in a manner which caused interference.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) in that Mr Burrows drove in a manner causing interference prior to the 1000m when shifting out on to Midfrew Medusa when not sufficiently clear causing this horse to break.”
Rule 869(4) reads as follows –
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”
Mr Burrows had indicated on the Information that this breach of the Rules was admitted and he also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
There had previously been a protest hearing relating to this incident, and it was agreed that the evidence from that hearing would be used for this hearing. The facts were that Mr Burrows had moved his horse outwards at about the 1000 metre mark when not sufficiently clear and had caused interference to “Midfrew Medusa” which broke.
reasonsfordecision:
As Mr Burrows had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
As Mr Burrows had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr Ydgren advised that Mr Burrows had not previously breached this Rule, and that he had admitted the breach at the earliest opportunity. However this breach had resulted in Mr Burrows’ horse being relegated, and another horse losing its chance. Mr Ydgren submitted that a fine of between $300-00 and $400-00 should be imposed.
Mr Burrows said he thought a fine as submitted was a “bit steep” for a first offence.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that Mr Burrows had admitted the breach and also that he had not previously breached this Rule. On the other hand we also took into account that Mr Burrows’ horse had been relegated from its 3rd placing, and that “Midfrew Medusa” lost its chance in the race.
Taking all these matters into account we decided that Mr Burrows would be fined the sum of $300-00 in this case.
penalty:
Mr Burrows was fined the sum of $300-00.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr N. M. Ydgren - Stipendiary Steward
JockeysandTrainer: Mr D. G. Burrows - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e7de78f8ee7092c142b492b4f7bbc495
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: 14a4a33c3fcf2c16e6a7e9c0aefb5785
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/06/2011
meet_title: NZ Metro TC - 28 June 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: PRosanowski
meet_pm2: none
name: NZ Metro TC