NZ Metro TC – 30 October 2009 – Race 5
ID: JCA21064
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 30 October 2009
Race Date:
2009/10/30
Race Number:
Race 5
Decision:
Following the running of Race 5, the Clarkson Sign Studio Mobile Pace, an information was filed by Chief Stipendiary Steward Mr N. R. Escott against Mr M. P. Kerr, the driver of “Auditor General” (12), alleging that he had committed a breach of Rule 869(3)(b). 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 M. Kerr drove carelessly when striking the sulky wheel of Lees Approval (L. F. O’Reilly) shortly after the start”.
--
Following the running of Race 5, the Clarkson Sign Studio Mobile Pace, an information was filed by Chief Stipendiary Steward Mr N. R. Escott against Mr M. P. Kerr, the driver of “Auditor General” (12), alleging that he had committed a breach of Rule 869(3)(b). 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 M. Kerr drove carelessly when striking the sulky wheel of Lees Approval (L. F. O’Reilly) shortly after the start”.
--Rule 869(3)(b) reads as follows.
--“No horseman in any race shall drive carelessly.”
--Mr Kerr is a Junior Horseman and he was assisted at this hearing by his father, Mr P. F. Kerr. Mr Kerr had indicated on the information that he did not admit this breach of the Rules, and he confirmed this at the hearing. Mr Kerr also agreed that he understood the charge and the Rule it was brought under.
--“Auditor General” (12), the horse driven by Mr Kerr, had finished fourth in this race and there had been a protest against that placing. The protest was not contested and as a result this horse was relegated to ninth and last place.
--Stipendiary Steward Mr Ydgren gave evidence and used video coverage to show that shortly after the start of the race there had been contact between “Auditor General” and the sulky wheel of “Lees Approval”. As a result the tyre was damaged and “Lees Approval” had to drag a flat tyre for the remainder of the race. This severely affected “Lees Approval” and it finished last in the race. Mr Ydgren said that Mr Kerr did not appear to be having any difficulty with his horse.
--Mr Kerr gave evidence that his horse gets “really keen” and that he didn’t think that he could have done much more to avoid this incident. He also said that he was trying to keep directly behind Mr O’Reilly to avoid any problems. Mr P. F. Kerr also expressed the view that this horse is very difficult to drive.
--We adjourned to consider our decision. It was clear to us that Mr Kerr was making no discernable effort to prevent this incident. On returning to the Enquiry Room we advised that a full written decision would be provided later, and we gave the following oral decision.
--“Having heard the evidence, and having seen the video coverage of the incident, we are satisfied that shortly after the start of the race “Auditor General”, driven by Mr Kerr, struck the wheel of “Lees Approval”, driven by Mr L. F. O’Reilly, puncturing the sulky wheel of that horse and putting it out of the race.
--Mr Kerr said that his horse was difficult to drive. However we are satisfied that Mr Kerr made no discernable effort to restrain his horse off of “Lees Approval”, and that he was therefore careless. We find the charge proved.”
--Penalty:
--In relation to penalty Mr Escott advised that Mr Kerr had two previous relevant convictions for careless driving in the last 12 months. On 16 June 2009 he was fined $200-00, and on 2 October 2009 he was fined $300-00. The question of whether a suspension or a fine would be appropriate in this case was discussed. Mr Kerr said that he would prefer a fine.
--We adjourned to consider the matter of penalty. This being the third conviction since mid-June 2009 indicated to us that Mr Kerr’s record was not good. However, we were of the view that this matter could be dealt with by means of a fine. On resuming the hearing we gave the following oral decision on penalty.
--“We find this breach was an error of judgement, but that a horse’s chances were extinguished. We also take into account that it is the third breach since June 2009.
--On this occasion we have decided a fine is appropriate, but Mr Kerr should be aware that a further breach in the near future will very likely result in a suspension.
--Mr Kerr is fined the sum of $450-00.”
--
J. M. Phelan R. G. McKenzie
CHAIR Committee Member
67850
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: 9a505d1d6c30f7d44f38ccdb5cd062fe
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/10/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 30 October 2009 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 5, the Clarkson Sign Studio Mobile Pace, an information was filed by Chief Stipendiary Steward Mr N. R. Escott against Mr M. P. Kerr, the driver of “Auditor General” (12), alleging that he had committed a breach of Rule 869(3)(b). 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 M. Kerr drove carelessly when striking the sulky wheel of Lees Approval (L. F. O’Reilly) shortly after the start”.
--
Following the running of Race 5, the Clarkson Sign Studio Mobile Pace, an information was filed by Chief Stipendiary Steward Mr N. R. Escott against Mr M. P. Kerr, the driver of “Auditor General” (12), alleging that he had committed a breach of Rule 869(3)(b). 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 M. Kerr drove carelessly when striking the sulky wheel of Lees Approval (L. F. O’Reilly) shortly after the start”.
--Rule 869(3)(b) reads as follows.
--“No horseman in any race shall drive carelessly.”
--Mr Kerr is a Junior Horseman and he was assisted at this hearing by his father, Mr P. F. Kerr. Mr Kerr had indicated on the information that he did not admit this breach of the Rules, and he confirmed this at the hearing. Mr Kerr also agreed that he understood the charge and the Rule it was brought under.
--“Auditor General” (12), the horse driven by Mr Kerr, had finished fourth in this race and there had been a protest against that placing. The protest was not contested and as a result this horse was relegated to ninth and last place.
--Stipendiary Steward Mr Ydgren gave evidence and used video coverage to show that shortly after the start of the race there had been contact between “Auditor General” and the sulky wheel of “Lees Approval”. As a result the tyre was damaged and “Lees Approval” had to drag a flat tyre for the remainder of the race. This severely affected “Lees Approval” and it finished last in the race. Mr Ydgren said that Mr Kerr did not appear to be having any difficulty with his horse.
--Mr Kerr gave evidence that his horse gets “really keen” and that he didn’t think that he could have done much more to avoid this incident. He also said that he was trying to keep directly behind Mr O’Reilly to avoid any problems. Mr P. F. Kerr also expressed the view that this horse is very difficult to drive.
--We adjourned to consider our decision. It was clear to us that Mr Kerr was making no discernable effort to prevent this incident. On returning to the Enquiry Room we advised that a full written decision would be provided later, and we gave the following oral decision.
--“Having heard the evidence, and having seen the video coverage of the incident, we are satisfied that shortly after the start of the race “Auditor General”, driven by Mr Kerr, struck the wheel of “Lees Approval”, driven by Mr L. F. O’Reilly, puncturing the sulky wheel of that horse and putting it out of the race.
--Mr Kerr said that his horse was difficult to drive. However we are satisfied that Mr Kerr made no discernable effort to restrain his horse off of “Lees Approval”, and that he was therefore careless. We find the charge proved.”
--Penalty:
--In relation to penalty Mr Escott advised that Mr Kerr had two previous relevant convictions for careless driving in the last 12 months. On 16 June 2009 he was fined $200-00, and on 2 October 2009 he was fined $300-00. The question of whether a suspension or a fine would be appropriate in this case was discussed. Mr Kerr said that he would prefer a fine.
--We adjourned to consider the matter of penalty. This being the third conviction since mid-June 2009 indicated to us that Mr Kerr’s record was not good. However, we were of the view that this matter could be dealt with by means of a fine. On resuming the hearing we gave the following oral decision on penalty.
--“We find this breach was an error of judgement, but that a horse’s chances were extinguished. We also take into account that it is the third breach since June 2009.
--On this occasion we have decided a fine is appropriate, but Mr Kerr should be aware that a further breach in the near future will very likely result in a suspension.
--Mr Kerr is fined the sum of $450-00.”
--
J. M. Phelan R. G. McKenzie
CHAIR Committee Member
67850
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 91c4acecff5e04236ca5f7f749ff86a7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0b6814b89403be14f8addc038b21879a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/10/2009
meet_title: NZ Metro TC - 30 October 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC