Westport TC – 26 December 2008 – Race 4
ID: JCA22598
Hearing Type (Code):
harness-racing
Meet Title:
Westport TC - 26 December 2008
Race Date:
2008/12/26
Race Number:
Race 4
Decision:
Following the running of Race 4, the Doug Hood Mining Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr R. D. Holmes the driver of “Tyneholm” (13) alleging that he had committed a breach of Rule 869(3)(b). The charge reads as follows.
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“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that horseman R. D. Holmes drove carelessly when shifting in checking DJ Hanover (J. Rogers) and Live and Triumph (I. R. Cameron) resulting in the said runners breaking with approx. 1100m to run”.
DECISION AND REASONS:
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--
Following the running of Race 4, the Doug Hood Mining Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr R. D. Holmes the driver of “Tyneholm” (13) alleging that he had committed a breach of Rule 869(3)(b). The charge reads as follows.
----
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that horseman R. D. Holmes drove carelessly when shifting in checking DJ Hanover (J. Rogers) and Live and Triumph (I. R. Cameron) resulting in the said runners breaking with approx. 1100m to run”.
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Rule 869(3)(b) reads as follows.
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“No horseman in any race shall drive carelessly.”
----
Mr Holmes had indicated on the information that he did not admit this breach of the Rules, and he confirmed this at the hearing. Mr Holmes also agreed that he understood the charge and the Rule it was brought under.
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Mr McIntyre called Mr J. M. Rogers, the driver of “DJ Hanover” (9), to give evidence and he said that with a little less than a lap to run he had moved out into the two wide line, and was well established in that position. It was then that Mr Holmes had moved past him and tried to push him down onto the marker line again. During this move Mr Holmes’ sulky had made contact with his horse’s leg, causing it to break.
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Mr I. R. Cameron, the driver of “Live and Triumph” (15), gave evidence that at the time of the incident he was racing on the inside of Mr Rogers’ horse. When this horse broke he ran out of room and made contact with the track markers which caused his horse to break. There was no contact between his horse and Mr Rogers’ horse.
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Mr Holmes was given an opportunity to ask questions of all the witnesses. He also gave evidence and said that he had not realised exactly what had happened until he had seen the video coverage on several occasions during this hearing. Mr Holmes was asked if he wanted to continue to defend the charge, but he was non-committal on this suggestion.
----
After seeing the video coverage, and after hearing the evidence I was satisfied that it was clear that Mr Holmes had tried to push “DJ Hanover” down on to the marker line when he was not in a position to do so. This had resulted in contact being made with “DJ Hanover”, which broke, and “Live and Triumph” making contact with the track markers and also breaking. I therefore advised the parties that I found the charge proved.
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Penalty:
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In relation to penalty Mr McIntyre advised that Mr Holmes had three previous convictions under this Rule in the last 12 months. On 22 February 2008 at the Banks Peninsula Trotting Club he was fined $200-00; on 25 April 2008 at NZMTC he was fined $250-00, and on 11 November 2008 at NZMTC he was fined $750-00. Mr McIntyre explained that the penalty imposed on 11 November 2008 was high because it was New Zealand Trotting Cup day, and a Premier race meeting.
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Mr McIntyre recommended a fine in the vicinity of $400-00 on this occasion.
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Mr Holmes had no relevant submissions to make regarding penalty.
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After considering the matter of penalty I was satisfied that an appropriate penalty in this case was a fine of $350-00 and Mr Holmes was fined this amount.
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--
J. M. Phelan
--Chairman
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: fbd8d129a3f8bb14c297e0b3085b539e
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 26/12/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Westport TC - 26 December 2008 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 4, the Doug Hood Mining Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr R. D. Holmes the driver of “Tyneholm” (13) alleging that he had committed a breach of Rule 869(3)(b). The charge reads as follows.
----
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that horseman R. D. Holmes drove carelessly when shifting in checking DJ Hanover (J. Rogers) and Live and Triumph (I. R. Cameron) resulting in the said runners breaking with approx. 1100m to run”.
DECISION AND REASONS:
----
--
Following the running of Race 4, the Doug Hood Mining Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr R. D. Holmes the driver of “Tyneholm” (13) alleging that he had committed a breach of Rule 869(3)(b). The charge reads as follows.
----
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that horseman R. D. Holmes drove carelessly when shifting in checking DJ Hanover (J. Rogers) and Live and Triumph (I. R. Cameron) resulting in the said runners breaking with approx. 1100m to run”.
----
Rule 869(3)(b) reads as follows.
----
“No horseman in any race shall drive carelessly.”
----
Mr Holmes had indicated on the information that he did not admit this breach of the Rules, and he confirmed this at the hearing. Mr Holmes also agreed that he understood the charge and the Rule it was brought under.
----
Mr McIntyre called Mr J. M. Rogers, the driver of “DJ Hanover” (9), to give evidence and he said that with a little less than a lap to run he had moved out into the two wide line, and was well established in that position. It was then that Mr Holmes had moved past him and tried to push him down onto the marker line again. During this move Mr Holmes’ sulky had made contact with his horse’s leg, causing it to break.
----
Mr I. R. Cameron, the driver of “Live and Triumph” (15), gave evidence that at the time of the incident he was racing on the inside of Mr Rogers’ horse. When this horse broke he ran out of room and made contact with the track markers which caused his horse to break. There was no contact between his horse and Mr Rogers’ horse.
----
Mr Holmes was given an opportunity to ask questions of all the witnesses. He also gave evidence and said that he had not realised exactly what had happened until he had seen the video coverage on several occasions during this hearing. Mr Holmes was asked if he wanted to continue to defend the charge, but he was non-committal on this suggestion.
----
After seeing the video coverage, and after hearing the evidence I was satisfied that it was clear that Mr Holmes had tried to push “DJ Hanover” down on to the marker line when he was not in a position to do so. This had resulted in contact being made with “DJ Hanover”, which broke, and “Live and Triumph” making contact with the track markers and also breaking. I therefore advised the parties that I found the charge proved.
----
Penalty:
----
In relation to penalty Mr McIntyre advised that Mr Holmes had three previous convictions under this Rule in the last 12 months. On 22 February 2008 at the Banks Peninsula Trotting Club he was fined $200-00; on 25 April 2008 at NZMTC he was fined $250-00, and on 11 November 2008 at NZMTC he was fined $750-00. Mr McIntyre explained that the penalty imposed on 11 November 2008 was high because it was New Zealand Trotting Cup day, and a Premier race meeting.
----
Mr McIntyre recommended a fine in the vicinity of $400-00 on this occasion.
----
Mr Holmes had no relevant submissions to make regarding penalty.
----
After considering the matter of penalty I was satisfied that an appropriate penalty in this case was a fine of $350-00 and Mr Holmes was fined this amount.
----
--
J. M. Phelan
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cf4d02040640c2d1ddd58666902b8f60
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: eaa2368b7385c56b10da5f69de26ca91
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2008
meet_title: Westport TC - 26 December 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westport-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Westport TC