NZ Metro TC – 30 October 2010 – R 9
ID: JCA21052
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 30 October 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/10/30
Race Number:
R 9
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: N R Escott, Chief Stipendiary Steward
--Defendant: M G Heenan, Licensed Open Horseman
--Information No: 69315
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 30 October 2010
--Venue: Addington Raceway, Christchurch
--Race: 9
--Rule No: 869 (4)
--Judicial Committee: R G McKenzie, Chairman – S C Ching, Committee Member
--Plea: Admitted
----
FACTS:
--Following the running of Race 9, Resource Recycling Technologies NZ Limited Mobile Trot, Information No.69315 was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr M G Heenan, alleging a breach of Rule 869 (4) in that Mr Heenan, as the driver of BRITE BELLE in the race, “caused a check to SEEKER DHU (B Weaver) causing the horse to break losing its chance with approximately 150 metres to run”.
----
Mr Heenan was present at the hearing of the information and he indicated that he admitted the breach.
----
Rule 869 provides 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 horse or its progress.
----
SUBMISSION(S):
--The parties agreed that it was appropriate to have regard to the evidence adduced at the earlier protest hearing and that it was not necessary to hear further submissions or to review the video evidence.
----
DECISION:
--The charge was found proved.
----
PENALTY SUBMISSIONS:
--Mr Escott told the Committee that Mr Heenan had a clear record. In the current season to date he has had 19 drives and, in the 2009/2010 season, he had a total of 77 drives. Mr Escott referred to Mr Heenan’s admission of the breach. He submitted that a fine of between $200 and $250 was appropriate.
----
Mr Heenan asked the Committee to consider a term of suspension if it decided to impose a fine of an amount greater than that submitted by Mr Escott. He said that his financial position was not strong.
----
PENALTY REASONS:
--In determining penalty, the Committee took into account, as mitigating factors, Mr Heenan’s frank admission of the breach and his previous good record. An aggravating factor was that his driving had resulted in a relegation of the horse, with a consequential effect on the betting public. The Committee also took into account Mr Heenan’s submission as to his financial position.
----
--
PENALTY:
--Mr Heenan was fined the sum of $250.
----
--
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: 96bdb756111f70ecfb682596a7a5a5b1
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 30/10/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 30 October 2010 - R 9
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: N R Escott, Chief Stipendiary Steward
--Defendant: M G Heenan, Licensed Open Horseman
--Information No: 69315
--Meeting: New Zealand Metropolitan Trotting Club
--Date: 30 October 2010
--Venue: Addington Raceway, Christchurch
--Race: 9
--Rule No: 869 (4)
--Judicial Committee: R G McKenzie, Chairman – S C Ching, Committee Member
--Plea: Admitted
----
FACTS:
--Following the running of Race 9, Resource Recycling Technologies NZ Limited Mobile Trot, Information No.69315 was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr M G Heenan, alleging a breach of Rule 869 (4) in that Mr Heenan, as the driver of BRITE BELLE in the race, “caused a check to SEEKER DHU (B Weaver) causing the horse to break losing its chance with approximately 150 metres to run”.
----
Mr Heenan was present at the hearing of the information and he indicated that he admitted the breach.
----
Rule 869 provides 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 horse or its progress.
----
SUBMISSION(S):
--The parties agreed that it was appropriate to have regard to the evidence adduced at the earlier protest hearing and that it was not necessary to hear further submissions or to review the video evidence.
----
DECISION:
--The charge was found proved.
----
PENALTY SUBMISSIONS:
--Mr Escott told the Committee that Mr Heenan had a clear record. In the current season to date he has had 19 drives and, in the 2009/2010 season, he had a total of 77 drives. Mr Escott referred to Mr Heenan’s admission of the breach. He submitted that a fine of between $200 and $250 was appropriate.
----
Mr Heenan asked the Committee to consider a term of suspension if it decided to impose a fine of an amount greater than that submitted by Mr Escott. He said that his financial position was not strong.
----
PENALTY REASONS:
--In determining penalty, the Committee took into account, as mitigating factors, Mr Heenan’s frank admission of the breach and his previous good record. An aggravating factor was that his driving had resulted in a relegation of the horse, with a consequential effect on the betting public. The Committee also took into account Mr Heenan’s submission as to his financial position.
----
--
PENALTY:
--Mr Heenan was fined the sum of $250.
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(4)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 43639037a6a80a1e052eaccd42ce9961
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 235ad746c0fe135650d7e3e099d1fe05
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/10/2010
meet_title: NZ Metro TC - 30 October 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: NZ Metro TC