Archive Decision

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Reefton TC – 14 March 2010 – Race 10

ID: JCA18481

Hearing Type:
Old Hearing

Rules:
869.3.b

Hearing Type (Code):
harness-racing

Meet Title:
Reefton TC - 14 March 2010

Race Date:
2010/03/14

Race Number:
Race 10

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

--

Information No: 68739

--

Meeting:  Reefton Trotting Club 

--

Date:       14 March 2010

--

Venue:  Reefton Racecourse 

--

Race 10:   Recreation Hotel Junior Drivers Pace 

--

Rule:   869(3)(b)

--

Judicial Chairman: J. M. Phelan,  Committee:  P. J. Rosanowski 

--

Plea:   Admitted
    
Appearing  Informant: Chief Stipendiary Steward Mr N. R. Escott 
                    Defendant: Mr C. McDowell – Junior Horseman

--

DECISION AND REASONS:

--

Following the running of Race 10, the Recreation Hotel Junior Drivers Pace, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(3)(b) by Junior Horseman Mr C. McDowell.  It was alleged that Mr McDowell had driven carelessly by allowing his runner (“Sonnetsson”) to strike the wheel of the leader “Mels Dream” causing the wheel to flatten and the tube to wrap around the rim, ruining this runner’s chances.

--

 



RACEDAY JUDICIAL COMMITTEE DECISION

--

Information No: 68739

--

Meeting:  Reefton Trotting Club 

--

Date:       14 March 2010

--

Venue:  Reefton Racecourse 

--

Race 10:   Recreation Hotel Junior Drivers Pace 

--

Rule:   869(3)(b)

--

Judicial Chairman: J. M. Phelan,  Committee:  P. J. Rosanowski 

--

Plea:   Admitted
    
Appearing  Informant: Chief Stipendiary Steward Mr N. R. Escott
                     Defendant: Mr C. McDowell – Junior Horseman

--

DECISION AND REASONS:

--

Following the running of Race 10, the Recreation Hotel Junior Drivers Pace, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(3)(b) by Junior Horseman Mr C. McDowell.  It was alleged that Mr McDowell had driven carelessly by allowing his runner (“Sonnetsson”) to strike the wheel of the leader “Mels Dream” causing the wheel to flatten and the tube to wrap around the rim, ruining this runner’s chances.

--

Mr McDowell was assisted at this hearing by Open Horseman Mr P. J. Davis, and he had indicated on the Information that he admitted this breach of the Rules, and he confirmed this at the hearing.  Mr McDowell also agreed that he understood the charge and the Rule it was brought under.  It was also agreed that the evidence heard at the earlier protest hearing would form the basis of this hearing.

--

On behalf of Mr McDowell, Mr Davis said that “Sonnetsson” was racing keenly and over racing at the time of this incident.

--

In relation to penalty Mr Escott advised that Mr McDowell had admitted the breach, had no previous relevant convictions, and was a Junior Horseman.  On the other hand there were losses incurred by the connections of the horse.  Mr Escott recommended a fine of $250-00 in this case.

--

Mr Davis made submissions that Mr McDowell had lost his percentages because of the relegation.

--

We adjourned to consider the matter of penalty.  On taking all the above matters into account, and having looked at penalties imposed in similar cases, and the Penalty Guidelines, we were satisfied that the fine recommended by Mr Escott was fair and appropriate.  Accordingly, on resuming the hearing, we advised the parties that Mr McDowell would be fined the sum of $250-00.

--


J.  M. Phelan         P. J. Rosanowski
CHAIR                   Committee Member
68739

--


 

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: 0da9df73f906d7190b60e650f6ea0d51


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 14/03/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Reefton TC - 14 March 2010 - Race 10


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

--

Information No: 68739

--

Meeting:  Reefton Trotting Club 

--

Date:       14 March 2010

--

Venue:  Reefton Racecourse 

--

Race 10:   Recreation Hotel Junior Drivers Pace 

--

Rule:   869(3)(b)

--

Judicial Chairman: J. M. Phelan,  Committee:  P. J. Rosanowski 

--

Plea:   Admitted
    
Appearing  Informant: Chief Stipendiary Steward Mr N. R. Escott 
                    Defendant: Mr C. McDowell – Junior Horseman

--

DECISION AND REASONS:

--

Following the running of Race 10, the Recreation Hotel Junior Drivers Pace, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(3)(b) by Junior Horseman Mr C. McDowell.  It was alleged that Mr McDowell had driven carelessly by allowing his runner (“Sonnetsson”) to strike the wheel of the leader “Mels Dream” causing the wheel to flatten and the tube to wrap around the rim, ruining this runner’s chances.

--

 



RACEDAY JUDICIAL COMMITTEE DECISION

--

Information No: 68739

--

Meeting:  Reefton Trotting Club 

--

Date:       14 March 2010

--

Venue:  Reefton Racecourse 

--

Race 10:   Recreation Hotel Junior Drivers Pace 

--

Rule:   869(3)(b)

--

Judicial Chairman: J. M. Phelan,  Committee:  P. J. Rosanowski 

--

Plea:   Admitted
    
Appearing  Informant: Chief Stipendiary Steward Mr N. R. Escott
                     Defendant: Mr C. McDowell – Junior Horseman

--

DECISION AND REASONS:

--

Following the running of Race 10, the Recreation Hotel Junior Drivers Pace, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott alleging a breach of Rule 869(3)(b) by Junior Horseman Mr C. McDowell.  It was alleged that Mr McDowell had driven carelessly by allowing his runner (“Sonnetsson”) to strike the wheel of the leader “Mels Dream” causing the wheel to flatten and the tube to wrap around the rim, ruining this runner’s chances.

--

Mr McDowell was assisted at this hearing by Open Horseman Mr P. J. Davis, and he had indicated on the Information that he admitted this breach of the Rules, and he confirmed this at the hearing.  Mr McDowell also agreed that he understood the charge and the Rule it was brought under.  It was also agreed that the evidence heard at the earlier protest hearing would form the basis of this hearing.

--

On behalf of Mr McDowell, Mr Davis said that “Sonnetsson” was racing keenly and over racing at the time of this incident.

--

In relation to penalty Mr Escott advised that Mr McDowell had admitted the breach, had no previous relevant convictions, and was a Junior Horseman.  On the other hand there were losses incurred by the connections of the horse.  Mr Escott recommended a fine of $250-00 in this case.

--

Mr Davis made submissions that Mr McDowell had lost his percentages because of the relegation.

--

We adjourned to consider the matter of penalty.  On taking all the above matters into account, and having looked at penalties imposed in similar cases, and the Penalty Guidelines, we were satisfied that the fine recommended by Mr Escott was fair and appropriate.  Accordingly, on resuming the hearing, we advised the parties that Mr McDowell would be fined the sum of $250-00.

--


J.  M. Phelan         P. J. Rosanowski
CHAIR                   Committee Member
68739

--


 


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