Auckland TC - 24 September 2010 - R 6
869(3)(b)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr T Taumanu, Stipendiary Steward
Defendant: Ms J Compain, Junior driver
Information: 68901
Meeting: Auckland Trotting Club
Date: 24 September 2010
Venue: Alexandra Park
Race: 6
Rule No: 869(3)(b)
Judicial Committee: B Rowe, Chairman – J Holloway, Committee Member
Plea: Admitted
Also Present: Mr M Purdon, Senior horseman and Licenced trainer
CHARGE(s):
Drove SCOTTY MACH carelessly when striking the back of HONEY ROSE FALCON driven by Mr J Dickie with approximately 200metres to run.
FACTS:
Mr Taumanu showed and interpreted the video film of the incident. He said SCOTTY MACH was in last place at the time and ran into the back of the sulky of HONEY ROSE FALCON. SCOTTY MACH broke and almost fell.
Mr Purdon said SCOTTY MACH had led in the early part of the race and was then passed by another horse. SCOTTY MACH then raced fiercely for the remainder of the race whilst being gradually pushed back along the marker pegs. He said Ms Compain, in the home straight, was no longer able to restrain the horse.
Ms Compain agreed with Mr Purdon’s comments.
Mr Taumanu said Ms Compain, in those circumstances should have steered the horse either inwards or outwards.
SUBMISSION(s) ON PENALTY:
Mr Taumanu said the offending was in the top half of the scale of seriousness. He said Ms Compain had a breach of the careless driving rule recorded against her in October 2009. He submitted that a substantial fine or at least a three day suspension was appropriate.
Ms Compain said she preferred a fine.
Mr Purdon referred to the mitigating factor of the horse racing fiercely.
REASON(s):
In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr. Taumanu, the comments of Ms Compain and Mr Purdon, the good driving record of Ms Compain, her Junior driver status, the recommended starting point for penalty which is a fine of $400 and / or a two week suspension, other penalties imposed for a similar breach of this rule and considers that the offending is around the mid-point on the scale of seriousness.
PENALTY:
Balancing the above matters but with emphasis on the good driving record of Ms Compain and the mitigating factor referred to by Mr Purdon, a fine of $250 is imposed.
