NZ Metro TC 8 November 2011 – R 5
ID: JCA11632
Meet Title:
NZ Metro TC - 8 November 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/11/08
Race Number:
R 5
Decision:
As Mr Hay had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
On resuming the hearing we advised the parties of our reasons and that Mr Hay was fined the sum of $300-00.
Charge:
Alleged breach of Rule 869(3)(b)
Facts:
Following the running of Race 5, the Southern Demolition & Salvage Ltd Free-For-All Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr M. R. Hay, the driver of “Fair Dinkum Bromac” (16), alleging a breach of Rule 869(3)(b) in that he drove carelessly.
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you Michael Hay attempted to shift “The Black Lord” D. Butt down the track after approximately 200m when not in a position to do so which has caused your horse to gallop and check “Cee Uin L A” and “Meet Me In Seattle”.
Rules 869(3)(b) reads as follows,
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Hay had indicated on the Information that this breach of the Rules was admitted and also that he did not want to attend the hearing.
Submissions for Decision:
Mr McIntyre gave evidence and used video coverage to show that after about 200 metres Mr Hay had attempted to move “Black Lord” down to the inside of the track, but that at that time he did not have a clear advantage over that horse. As a result of his actions Mr Hay caused his own horse to break, and there was resultant interference to “Cee Uin LA” and “Meet Me In Seattle”.
Submissions for Penalty:
In relation to penalty Mr McIntyre advised that Mr Hay had not previously breached this Rule. As the breach was admitted Mr McIntyre submitted that a fine of $300-00 should be imposed.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
In relation to penalty we took into account that Mr Hay had admitted the breach, and also had not previously breached this Rule. On the other hand we also took into account that Mr Hay’s actions had caused interference to his own and two other horses.
We looked at the Penalty Guide which recommends a starting point for a penalty as 8 drives or a $400-00 fine. Taking all the above matters into account we decided to impose a fine of $300-00.
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: 262bf48ac754759d1ea3e76530208ed6
informantnumber: A1017
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 04/11/2011
hearing_title: NZ Metro TC 8 November 2011 - R 5
charge:
Alleged breach of Rule 869(3)(b)
facts:
Following the running of Race 5, the Southern Demolition & Salvage Ltd Free-For-All Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr M. R. Hay, the driver of “Fair Dinkum Bromac” (16), alleging a breach of Rule 869(3)(b) in that he drove carelessly.
The charge reads as follows.
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) (in that) you Michael Hay attempted to shift “The Black Lord” D. Butt down the track after approximately 200m when not in a position to do so which has caused your horse to gallop and check “Cee Uin L A” and “Meet Me In Seattle”.
Rules 869(3)(b) reads as follows,
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr Hay had indicated on the Information that this breach of the Rules was admitted and also that he did not want to attend the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre gave evidence and used video coverage to show that after about 200 metres Mr Hay had attempted to move “Black Lord” down to the inside of the track, but that at that time he did not have a clear advantage over that horse. As a result of his actions Mr Hay caused his own horse to break, and there was resultant interference to “Cee Uin LA” and “Meet Me In Seattle”.
reasonsfordecision:
Decision:
As Mr Hay 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 McIntyre advised that Mr Hay had not previously breached this Rule. As the breach was admitted Mr McIntyre submitted that a fine of $300-00 should be imposed.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
In relation to penalty we took into account that Mr Hay had admitted the breach, and also had not previously breached this Rule. On the other hand we also took into account that Mr Hay’s actions had caused interference to his own and two other horses.
We looked at the Penalty Guide which recommends a starting point for a penalty as 8 drives or a $400-00 fine. Taking all the above matters into account we decided to impose a fine of $300-00.
penalty:
On resuming the hearing we advised the parties of our reasons and that Mr Hay was fined the sum of $300-00.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr NG McIntyre - Stipendiary Steward
JockeysandTrainer: Mr MR Hay - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ccd5e9ae7f08ac8550211823fffd8eef
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ddac6b2b022673d033e412219c63d1e6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/11/2011
meet_title: NZ Metro TC - 8 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC