Auckland TC - 23 July 2010 - R 8
869(4)&(6)(b)(c)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr J Muirhead Stipendiary Steward
Defendant: Mr M McKendry
Information: 68483
Meeting: Auckland Trotting Club
Date: 23 July 2010
Venue: Alexandra Park
Race: 8
Rule No: 869 (4) and (6) (b) and (c)
Judicial Committee: B Rowe, Chairman – B Scott, Committee Member
Plea: Admitted
CHARGE(s):
Mr McKendry improved HE’S MY HERO outward outside the 1100metre mark attempting to force and / or forcing ALL TIGER driven by Mr D Butcher to race wider on the track this resulting in interference to ALL TIGER causing it to break from its gait and losing its chance.
FACTS:
This charge arose from the associated protest hearing. Both Mr Muirhead and Mr McKendry asked the committee to take the evidence from the protest hearing as being the facts for this hearing. The committee agreed to the request.
SUBMISSION(s) ON PENALTY:
Mr Muirhead said Mr McKendry was fined $200 for a breach of the push out rule on 18th June 2010. He said the offending was above the mid-point on the scale of seriousness. He said the JCA guidelines for a breach of rule 869 (4) where a relegation was involved was a fine of $600 and / or 3 weeks suspension. He submitted those penalties were an appropriate starting point.
Mr McKendry said “the least the better” when asked for his submissions.
REASON(s):
In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr Muirhead and Mr McKendry, the recommended starting point in the JCA guidelines and the previous breach of the push out rule. The committee views the offending as mid-range on the scale of seriousness and also takes into account the overall good driving record of Mr McKendry.
PENALTY:
Balancing the above matters but with emphasis on there being a relegation, a fine of $500 is imposed.
B Rowe B Scott
Chairman Committee Member
68483
