Auckland TC - 18 June 2010 - R 3
869(6)(b)&(c)
RACEDAY JUDICIAL COMMITTEE DECISION:
Informant: Mr J. Muirhead Stipendiary Steward
Defendant: Mr M. McKendry – driver of ATOMIC BREEZE
Information: 68633
Meeting: Auckland Trotting Club
Date: 18th June 2010
Venue: Alexandra Park Raceway
Race: 3
Rule No: 869 (6) (b) and (c)
Judicial Committee: B.Rowe Chairman, B. Scott Committee Member
Plea: Admitted – Mr McKendry did not wish to be present at the hearing.
CHARGE(S):
Mr McKendry improved ATOMIC BREEZE from the two wide to the three wide position forcing EL DE ROSA to race wider on the track with 1050m to run.
FACTS:
Mr Muirhead showed the video film of the incident. Mr McKendry moved his horse outwards at a time when the nose of EL DE ROSA was past the rear of the sulky wheel of ATOMIC BREEZE. This forced EL DE ROSA to race wider on the track.
SUBMISSION(S) ON PENALTY:
Mr Muirhead said the recommended starting point for penalty was a fine of $250.00. He said there should be a discount for the admission of the breach. He said Mr McKendry had a clear driving record and the offending was at the lower end of the scale. He submitted that a fine of $200.00 should be imposed.
REASON(S):
In fixing penalty the committee takes into account the admission of the breach, Mr McKendry’s good driving record, the recommended starting point for penalty and the submission of Mr Muirhead. The committee agrees that the offending was at the lower end of the scale.
PENALTY:
Balancing all of the above matters a fine of $200.00 is imposed.
B. Rowe B. Scott
Chairman Committee Member
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