Methven TC - 10 October 2010 - R 2
869(7A) (a)&(b)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N G McIntyre, Stipendiary Steward
Defendant: B N Orange, Licensed Open Driver
Information No: 69309
Meeting: Methven Trotting Club
Date: 10 October 2010
Venue: Methven Racecourse
Race: 2
Rule No: 869 (7A) (a) & (b)
Judicial Committee: R G McKenzie, Chairman – P J Rosanowski, Committee Member
Plea: Admitted
FACTS:
Following the running of Race 2, The Brown Pub Methven Punter of the Year Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr B N Orange, alleging a breach of Rule 869 (7A) (a) & (b) in that as the driver of KOTARE YAAKOV in the race, he allowed that horse “to shift inside the pylons over the final stages when looking for a run on the inside of FASTROUNDTOWN when there was insufficient room”.
Mr Orange was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(7A) Every horseman who moves inwards shall ensure:
(a) that contact is not made with any track marker
(b) that any part of the sulky does not protrude inside the marker line.
SUBMISSION(S):
Mr McIntyre relied on the evidence adduced at the earlier protest hearing. Neither the Committee nor Mr Orange required the video replays of the incident to be shown to the hearing.
REASON(S):
The Committee was satisfied that Mr Orange had allowed the sulky wheel of KOTARE YAAKOV to contact two track markers and protrude inside two others in the final 50 metres of the race. The Committee also noted Mr Orange’s admission of the breach.
DECISION:
The charge was found proved.
SUBMISSION(S) ON PENALTY:
Mr McIntyre informed the Committee that Mr Orange had a clear record over the previous 12 months period. He said that, in the 2009/2010 season, Mr Orange had a total of 659 drives and, in the current season to date, 68 drives. He referred to the Penalty Guide which recommended as a starting point for a breach of Rule 869 (7A) (a) a fine of $100 and for a breach of Rule 869 (7A) (b) a fine of $200. Mr McIntyre recommended a fine of $250.
Mr Orange asked the Committee to take into account that he had only gone inside two markers and, also, his admission of the breach and his previous good record. He submitted that, having regard to those matters, a fine of $250 was excessive.
REASONS:
In determining penalty, the Committee took into account Mr Orange’s very frank admission of the breach and his previous good record. Further, it accepted Mr Orange’s submission that he had only gone inside two track markers and, in the Committee’s own observation, the extent of encroachment was minimal. Finally, the Committee had regard to Mr McIntyre’s submission and the recommendation in the Penalty Guide.
PENALTY:
Mr Orange was fined the sum of $200.
