Wairarapa HRC 14 April 2016 – R 1 – Chair, Mr N McCutcheon
ID: JCA17895
Meet Title:
Wairarapa HRC - 14 April 2016
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
TCastles
Race Date:
2016/04/14
Race Number:
R 1
Decision:
As the breach was admitted the committee found it to be proved.
Penalty:
Mr Abernethy was fined $200.
Facts:
Subsequent to the running of Race 1 (Levin Wools Mobile Pace), Information A3782 was filed with the Judicial Committee. It alleged that Mr Abernethy had driven in a manner likely to cause interference, when he attempted to shift his drive COLLECTION wider on the track when not in a position to do so, when racing inside GOLDEN BULLION and MYEYESADOREYA, near the 500m.
Rule 869(4) provides:
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 progress.
The Rule was read and Mr Abernethy said that he understood the rule and the charge that had been preferred against him and confirmed that he admitted the breach of the Rule.
Mr Muirhead showed the films, identified the horses involved and said that near the 500m Mr Abernethy, the driver of COLLECTION, attempted to come out and momentarily tightened GOLDEN BULLION (A Pyers) who was racing inside MYEYESADOREYA (P Ferguson). Mr Muirhead said that when Mr Abernethy realised what was happening he did shift his horse back and ease the pressure.
Mr Abernethy said that GOLD BULLION usually stops and he thought that it would on this occasion also, he said that if it had have, he would have been able to come out without causing any problem. He said that unfortunately for him the horse did not stop on this occasion. He agreed that the films showed quite clearly what had occurred.
Submissions for Penalty:
Mr Muirhead said that Mr Abernethy had had only one careless driving breach in the last 12 months and asked that the committee give credit for the good record and that the breach was admitted in the first instance.
Mr Abernethy said that he preferred a fine rather than be suspended.
Reasons for Penalty:
The committee took into account the penalty starting point of six drives or a fine of $300, the admittance of the breach and Mr Abernethy’s relatively good record. The committee determined that the breach of the rule was minor in nature, hence believed that a fine less than the starting point was an appropriate penalty.
JCA Decision Fields (raw)
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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: fc0147f082beebadc85ef6ce948a1b70
informantnumber: A3782
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving in a manner likely to cause interference
plea: admitted
penaltyrequired: 1
decisiondate: 17/04/2016
hearing_title: Wairarapa HRC 14 April 2016 - R 1 - Chair, Mr N McCutcheon
charge:
facts:
Subsequent to the running of Race 1 (Levin Wools Mobile Pace), Information A3782 was filed with the Judicial Committee. It alleged that Mr Abernethy had driven in a manner likely to cause interference, when he attempted to shift his drive COLLECTION wider on the track when not in a position to do so, when racing inside GOLDEN BULLION and MYEYESADOREYA, near the 500m.
Rule 869(4) provides:
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 progress.
The Rule was read and Mr Abernethy said that he understood the rule and the charge that had been preferred against him and confirmed that he admitted the breach of the Rule.
Mr Muirhead showed the films, identified the horses involved and said that near the 500m Mr Abernethy, the driver of COLLECTION, attempted to come out and momentarily tightened GOLDEN BULLION (A Pyers) who was racing inside MYEYESADOREYA (P Ferguson). Mr Muirhead said that when Mr Abernethy realised what was happening he did shift his horse back and ease the pressure.
Mr Abernethy said that GOLD BULLION usually stops and he thought that it would on this occasion also, he said that if it had have, he would have been able to come out without causing any problem. He said that unfortunately for him the horse did not stop on this occasion. He agreed that the films showed quite clearly what had occurred.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted the committee found it to be proved.
sumissionsforpenalty:
Mr Muirhead said that Mr Abernethy had had only one careless driving breach in the last 12 months and asked that the committee give credit for the good record and that the breach was admitted in the first instance.
Mr Abernethy said that he preferred a fine rather than be suspended.
reasonsforpenalty:
The committee took into account the penalty starting point of six drives or a fine of $300, the admittance of the breach and Mr Abernethy’s relatively good record. The committee determined that the breach of the rule was minor in nature, hence believed that a fine less than the starting point was an appropriate penalty.
penalty:
Mr Abernethy was fined $200.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr J Abernethy - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 913cd20c5f38f9522431580fa519cfd9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8420ee5af09b6b2e6aca2d6743fa0a93
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/04/2016
meet_title: Wairarapa HRC - 14 April 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairarapa-hrc
meet_racingtype: harness-racing
meet_chair: NMcCutcheon
meet_pm1: TCastles
meet_pm2: none
name: Wairarapa HRC