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Kumeu TC - 4 May 2010 - R 1



869(3)(b)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: J Muirhead

Defendant:  C Wilson

Information No:  68607

Meeting:  KUMEU TROTTING CLUB

Date:  4th May 2010

Venue:  Alexandra Park

Race:  1

Rule No:  869(3)(b)

Judicial Committee:  Jeff Holloway Chairman –  Paul Williams, Committee Member 

Plea:  Admitted

 

FACTS:

Stipendiary Steward Mr J MUIRHEAD lodged an Information alleging the Driver C WILSON drove Aleks Dream carelessly when he allowed his horse to strike the sulky wheel of  Gregan Galleon (A DONNELLY) with approximately 1300 metres to run which resulted in the tyre and tube coming adrift impeding Gregan Galleons chance.

 

Mr Wilson appeared for the hearing and admitted the charge which was accordingly found proven.  He consented to relevant evidence adduced at the earlier protest hearing being accepted for this hearing.

 

Submissions on Penalty:

Stipendiary Steward Mr TAUMANU  submitted that Mr Wilson had a clear driving record in the past twelve months albeit that he drove infrequently and if a fine was to be imposed suggested a fine in the region of $300 as a starting point or in the case of a suspension in the range of 3 driving days.

 

Mr Wilson submitted that he was clearly in the wrong and was at fault although his degree of carelessness was aggravated by the slight outwards movement of Miss Donnelly. He worked full time and was a hobby trainer and not overly wealthy but a suspension of two weeks would mean him losing drives which would also impact on him financially.

 

He preferred the option of suspension in lieu of a fine.

 

Reasons

The Committee in arriving at their decision took into account the facts related and the video footage of the relevant stage of the race, the relatively minor act of carelessness, Mr Wilson’s clear driving record, his early admission of guilt, as well as his personal circumstances  and preference of penalty.

 

Penalty

 

In accordance with recommended penalty guidelines Mr Wilson is suspended from driving from the end of racing on the 4th May until the end of racing on the 14th May 2010 effectively three days.

 

 

J Holloway                               Paul Williams

CHAIR                                     Committee Member

68607

 

 

 

 

 

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