Rangiora HRC – 4 November 2010 – R 3

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hearing_racingtype: harness-racing

startdate: 04/11/2010

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hearing_title: Rangiora HRC - 4 November 2010 - R 3

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  S P Renault, Stipendiary Steward

Defendant:  P T Borcoskie, Licensed Open Driver

Information No:  69255

Meeting:  Rangiora Harness Racing Club

Date:  4 November 2010

Venue:  Rangiora Raceway

Race:  3

Rule No:  869 (3) (b)

Judicial Committee:  R G McKenzie, Chairman – S C Ching, Committee Member

Plea:  Admitted

FACTS:

Following the running of Race 3, Monkey Bones Trot, Information No. 69255 was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr P T Borcoskie, alleging a breach of Rule 869 (3) (b) in that Mr Borcoskie, as the driver of BELLVENE in the race, “drove carelessly when allowing his horse’s front leg to become entangled in the sulky of HU KEAS (C D Thornley)

Mr Borcoskie had signed the Statement by the Defendant on the information indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(3)     No horseman in any race shall drive:-

         (b)    carelessly

SUBMISSION(S):

Mr N R Escott, Chief Stipendiary Steward, showed a video replay of the incident with approximately 400 metres to run. He pointed out BELLVENE, driven by Mr Borcoskie, racing 4-back on the markers, trailing HU KEAS, driven by Mr Thornley. He then pointed out Mr Borcoskie allow BELLVENE to get too close to HU KEAS as a result of which his horse’s off front leg got into the sulky of that runner. BELLVENE lost its chance in the race and HU KEAS and one other runner received severe interference. 

DECISION:

The charge was found proved.

SUBMISSION(S) ON PENALTY:

Mr Renault informed the Committee that Mr Borcoskie had expressed a preference for a suspension rather than a fine. Mr Renault submitted that a suspension up to and including 21 November next was appropriate. Mr Borcoskie would not be driving at any of the three days of the upcoming Cup Meeting and Mr Renault submitted that those 3 days should not be included in any period of suspension imposed. Mr Borcoskie had no recent breaches of the Rule.

REASONS FOR PENALTY:

In determining penalty, the Committee took into account Mr Borcoskie’s admission of the breach and his good driving record. It also took into account Mr Borcoskie’s expressed preference for a suspension rather than a fine. The Committee noted that three horses, including Mr Borcoskie’s, had been eliminated from the race as a result of Mr Borcoskie’s carelessness.

PENALTY:

Mr Borcoskie’s Open Horseman’s Licence was suspended for the period commencing after the close of racing on this raceday up to and including 21 November 2010. This period was intended to encompass 3 racedays – Ashburton on 11 November, Oamaru on 17 November and Timaru on 21 November.

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hearing_type: Old Hearing

Rules: 869(3)(b)

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raceid: 879f459cda83c71e9c580394306fd435

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race_title: R 3

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meetdate: 04/11/2010

meet_title: Rangiora HRC - 4 November 2010

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name: Rangiora HRC