NZ Metro TC – 9 November 2004 – Race 13
ID: JCA21388
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 9 November 2004
Race Date:
2004/11/09
Race Number:
Race 13
Decision: --
Following the running of Race 13, the Teltrac Communications Mobile Pace, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr R. H. Jenkins the driver of L A Operator (6) alleging that Mr Jenkins had committed a breach of Rule 869(4).
--
DECISION AND REASONS:
--Following the running of Race 13, the Teltrac Communications Mobile Pace, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr R. H. Jenkins the driver of L A Operator (6) alleging that Mr Jenkins had committed a breach of Rule 869(4). 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 after 350m R. H. Jenkins (L A Operator) shifted down onto Meadow Foam (B. Orange) who broke when tightened down onto Sun Dial (A. Jenkins). Meadow Foam lost all chance and was retired from the event."
--Rule 869(4) reads as follows.
--"No horseman nor any horse shall during any race do anything which
--interferes or is likely to interfere with any other horseman and/or horse or its progress."
--Mr Jenkins had indicated on the information that he did not admit the
--breach of this rule, and he confirmed this at the hearing. Mr Jenkins also confirmed that he understood the Rule and the charge.
--Mr Escott called Mr B. Orange to give evidence and this witness said that at the time of this incident he was travelling two out with a horse on the inside of him. Mr Jenkins had moved down onto his horse and his wheel had touched the front leg of his horse causing it to break. In answer to a question from Mr Escott Mr Orange said that he had called out to Mr Jenkins three times to give him some room.
--Stipendiary Steward Mr B. Williams illustrated this incident by means of video recordings. Stipendiary Steward Mr S. T. Larkins also use video coverage to show where he believed that Mr Jenkins had "angled down" and had come into contact with Mr Orange's horse.
--Mr Jenkins was given the opportunity to question all the witnesses. It was the gist of Mr Jenkins' case that he did not feel his horse had made contact with Mr Orange's horse.
--Mr Jenkins gave evidence along the same lines. Mr Jenkins also said that he believed that this incident was brought about, at least in part, by Sir Lance (R. T. May) breaking at about the same time.
--We then adjourned to consider our decision. After reviewing the evidence we were satisfied that the videos clearly showed that Mr Jenkins had angled his horse down onto Mr Orange's horse as alleged, and that there was contact between the sulky wheel of Mr Jenkins horse and the front leg of Mr Orange's horse. We also accepted Mr Orange's evidence that there was in fact contact, and we rejected Mr Jenkins assertion that the breaking of Sir Lance was the cause of, or contributed to, this incident.
--On returning to the Enquiry Room we gave the following decision.
--"Mr Jenkins, the allegation is that you shifted down onto Meadow Foam causing that horse to break. Mr Orange gave evidence that there was contact. You gave evidence that this incident was in some way connected with the breaking of Sir Lance (R. T. May) but we reject this assertion.
--Having heard the evidence and having seen the videos we are satisfied that the charge has been proved."
--Mr Jenkins was therefore convicted of this breach of the Rules.
--Penalty: Mr Escott advised that Mr Jenkins had no relevant previous convictions, but that this was a Premier race day and that as a result of Mr Jenkins' breach a horse had lost its chance in the race. Mr Escott also advised that Mr Jenkins has no drives at Ashburton on 11 November 2004, and that a suspension up to and including 19 November was sought. This was effectively a three day suspension.
--Mr Jenkins said that he considered that the suggested penalty was fair.
--Accordingly Mr Jenkins' horseman's licence was suspended until after the completion of racing on 19 November 2004, which is effectively a three day suspension.
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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: ae231e6ff33984713b49240a553324a8
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 09/11/2004
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 9 November 2004 - Race 13
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 13, the Teltrac Communications Mobile Pace, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr R. H. Jenkins the driver of L A Operator (6) alleging that Mr Jenkins had committed a breach of Rule 869(4).
--
DECISION AND REASONS:
--Following the running of Race 13, the Teltrac Communications Mobile Pace, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr R. H. Jenkins the driver of L A Operator (6) alleging that Mr Jenkins had committed a breach of Rule 869(4). 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 after 350m R. H. Jenkins (L A Operator) shifted down onto Meadow Foam (B. Orange) who broke when tightened down onto Sun Dial (A. Jenkins). Meadow Foam lost all chance and was retired from the event."
--Rule 869(4) reads as follows.
--"No horseman nor any horse shall during any race do anything which
--interferes or is likely to interfere with any other horseman and/or horse or its progress."
--Mr Jenkins had indicated on the information that he did not admit the
--breach of this rule, and he confirmed this at the hearing. Mr Jenkins also confirmed that he understood the Rule and the charge.
--Mr Escott called Mr B. Orange to give evidence and this witness said that at the time of this incident he was travelling two out with a horse on the inside of him. Mr Jenkins had moved down onto his horse and his wheel had touched the front leg of his horse causing it to break. In answer to a question from Mr Escott Mr Orange said that he had called out to Mr Jenkins three times to give him some room.
--Stipendiary Steward Mr B. Williams illustrated this incident by means of video recordings. Stipendiary Steward Mr S. T. Larkins also use video coverage to show where he believed that Mr Jenkins had "angled down" and had come into contact with Mr Orange's horse.
--Mr Jenkins was given the opportunity to question all the witnesses. It was the gist of Mr Jenkins' case that he did not feel his horse had made contact with Mr Orange's horse.
--Mr Jenkins gave evidence along the same lines. Mr Jenkins also said that he believed that this incident was brought about, at least in part, by Sir Lance (R. T. May) breaking at about the same time.
--We then adjourned to consider our decision. After reviewing the evidence we were satisfied that the videos clearly showed that Mr Jenkins had angled his horse down onto Mr Orange's horse as alleged, and that there was contact between the sulky wheel of Mr Jenkins horse and the front leg of Mr Orange's horse. We also accepted Mr Orange's evidence that there was in fact contact, and we rejected Mr Jenkins assertion that the breaking of Sir Lance was the cause of, or contributed to, this incident.
--On returning to the Enquiry Room we gave the following decision.
--"Mr Jenkins, the allegation is that you shifted down onto Meadow Foam causing that horse to break. Mr Orange gave evidence that there was contact. You gave evidence that this incident was in some way connected with the breaking of Sir Lance (R. T. May) but we reject this assertion.
--Having heard the evidence and having seen the videos we are satisfied that the charge has been proved."
--Mr Jenkins was therefore convicted of this breach of the Rules.
--Penalty:
Mr Escott advised that Mr Jenkins had no relevant previous convictions, but that this was a Premier race day and that as a result of Mr Jenkins' breach a horse had lost its chance in the race. Mr Escott also advised that Mr Jenkins has no drives at Ashburton on 11 November 2004, and that a suspension up to and including 19 November was sought. This was effectively a three day suspension.--Mr Jenkins said that he considered that the suggested penalty was fair.
--Accordingly Mr Jenkins' horseman's licence was suspended until after the completion of racing on 19 November 2004, which is effectively a three day suspension.
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sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cb91faebb372dd1b123903a14fab7e37
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 13
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 934ab0314e02c407a36a45824a70554f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/11/2004
meet_title: NZ Metro TC - 9 November 2004
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC