NZ Metro TC - 30 April 2010 - R 3

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr N. R. Escott - Chief Stipendiary Steward

Defendant:  Mr J. C. Hay – Open Horseman (did not attend)

Information No:  68551

Meeting:  New Zealand Metropolitan Trotting Club    

Date:  30 April 2010

Venue:  Addington Raceway                                       

Race No:  3, Paul Renwick Kitchen & Joinery Centre Handicap Trot

Rule No:  869(4)

Judicial Committee:  J. M. Phelan, Chairman - K. G. Hales, Committee Member       

Plea:  Admitted.

Charge:

Chief Stipendiary Steward Mr N. R. Escott filed an Information against Open Horseman Mr J. C. Hay alleging a breach of Rule 869(4).  It was alleged that Mr Hay, the driver of “Sun Of Loose” (1), which started in Race 3, the Paul Renwick Kitchen & Joinery Centre Handicap Trot, drove in a manner that caused interference.

The charge reads as follows.

“I the abovenamed Informant allege that the abovenamed Defendant committed a        breach of Rule 869(4) in that Mr Hay drove in a manner that caused interference   around the final bend when shifting his horse downwards when insufficiently clear of “Savona” contacting this horse’s leg and causing it to gallop.”

Rule 869(4) reads as follows.

“(4) No horseman nor any horse shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”

Facts:

Mr Escott used video coverage and gave evidence to illustrate that on rounding the final bend Mr Hay had moved his horse inwards when not clear of “Savona” (8), striking that horse’s leg and causing it to break and lose its chance.

Mr Hay had indicated on the information that he admitted this breach of the Rules, and also that he did not wish to attend the hearing.

Decision:

As Mr Hay had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submissions On Penalty:

In relation to penalty Mr Escott advised that Mr Hay had no previous relevant convictions, and as he had admitted the breach, he submitted that a fine of $250-00 would be an appropriate penalty in this case. 

Reasons:

We took into account Mr Hay’s guilty plea and his good record.  We were also satisfied that the submissions made by the Stipendiary Stewards as to the amount of the fine was appropriate, and in line with previous penalties imposed for similar breaches of this Rule.

Penalty:

Accordingly Mr Hay was fined the sum of $250-00.

J.M. Phelan                  K. G. Hales

Chairman                    Committee Member

68551