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Appeal - Mr R Hannam



871.1.d

This is an appeal by New Zealand Thoroughbred Racing against the decision of the Judicial Committee on the 11th April 2008 when Jockey R Hannam was suspended for a period of 3 days after pleading guilty to a breach of Rule 871 (1) (d), careless riding.



DECISION OF THE APPEALS TRIBUNAL

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This is an appeal by New Zealand Thoroughbred Racing against the decision of the Judicial Committee on the 11th April 2008 when Jockey R Hannam was suspended for a period of 3 days after pleading guilty to a breach of Rule 871 (1) (d), careless riding.

The appellant claims that the penalty was too lenient.

We have viewed the film and we do not accept that the horse KATEGIC was in danger of falling.  It reared its head but there is no sign of it stumbling.

We do not accept the challenge that Mr Bell’s movement did not contribute to the offence.  This matter was stated at the hearing before the Judicial Committee but was not challenged by the Stipendiary Steward present and the Committee was therefore entitled to give credit for that.

 The Stipendiary Steward on the day suggested 5 days suspension.

The Committee in imposing penalty took into account :

- Mr Hannam’s guilty plea.

- His good record.

- The contribution by Mr Bell in moving over also.

The penalty was set at 3 days suspension.

That term has been served and in addition Mr Hannam has forfeited two contracted rides at Matamata today to attend this hearing and oppose the appeal.  In effect he has therefore served a total of 4 days suspension.

We do not believe that the Judicial Committee on the day was manifestly wrong in reaching its decision based on the evidence given.

It is settled law that unless an Appellate Court reaches a clear conclusion that there was a wrongful exercise by the lower Court of its discretion in that it gave no weight or insufficient weight to relevant considerations it is not at liberty to substitute its own exercise of discretion for that exercised by the lower Court.  The same applies here and for the reasons given, this Appeal Tribunal cannot interfere with the decision of the Judicial Committee.

The appeal is dismissed and costs will lie where they fall.

Dated this 23rd day of April 2008.

Norman F Smith, Judge

 

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