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NZ Metro TC - 18 February 2010 - Race 5




RACEDAY JUDICIAL COMMITTEE DECISION

Information No: 68062

Meeting: New Zealand Metropolitan Trotting Club  Date: 18 February 2010

Venue: Addington Raceway, Christchurch Race No: 5

Rule(s): 869 (4)

Judicial Committee:

Chairman:  R G McKenzie ,  Panel Members:  K G Hales,  S C Ching 

Plea:  Admitted                          

Appearing:

Informant:  N M Ydgren, Stipendiary Steward

Defendant: K M Barron, Licensed Open Driver

DECISION AND REASONS:
Following the running of Race 5, George Calvert Cleaning Mobile Pace, Information No. 68062 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr K M Barron, alleging that Mr Barron as the driver of L E OPERATIVE in the Race, “drove in a manner causing interference after L E OPERATIVE shifted in shortly after the start checking SLASH AN BURN (J F Curtin) causing this horse to break and lose all chance”.

 



RACEDAY JUDICIAL COMMITTEE DECISION

Information No: 68062

Meeting: New Zealand Metropolitan Trotting Club  Date: 18 February 2010

Venue: Addington Raceway, Christchurch Race No: 5

Rule(s): 869 (4)

Judicial Committee:

Chairman:  R G McKenzie ,  Panel Members:  K G Hales,  S C Ching 

Plea:  Admitted                          

Appearing:

Informant:  N M Ydgren, Stipendiary Steward

Defendant: K M Barron, Licensed Open Driver

DECISION AND REASONS:
Following the running of Race 5, George Calvert Cleaning Mobile Pace, Information No. 68062 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr K M Barron, alleging that Mr Barron as the driver of L E OPERATIVE in the Race, “drove in a manner causing interference after L E OPERATIVE shifted in shortly after the start checking SLASH AN BURN (J F Curtin) causing this horse to break and lose all chance”.

Mr Barron was present at the hearing of the information and he indicated that he admitted the breach. The breach was found proved accordingly.

Rule 869 provides as follows:
(4) No horseman 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.

Mr N G McIntyre, Stipendiary Steward, showed video replays of the start of the 1950 metres mobile start event. He pointed out CHRISTIAN WORLD (M P Jones), in barrier 2, SLASH AN BURN (J F Curtin), in barrier 3 and L E OPERATIVE, driven by Mr Barron, in barrier 4. Mr McIntyre showed that Mr Barron, shortly after the start, shifted down and made contact with SLASH AN BURN on its inside, causing that horse to break and lose all chance. 

Mr Barron admitted that his horse had moved in and this could be seen from the video, he said. He admitted that he did not correct early enough before Mr Curtin got tightened.

Mr Ydgren referred to the JCA Penalty Guide which recommended a starting point of a fine of $400 and/or a suspension of 2 weeks for a breach of the Rule. He submitted that Mr Barron had made an error of judgment on this occasion. Mr Barron had a clear record. However, as a result of Mr Barron’s error, the fourth favourite for the Race had its chances extinguished, Mr Ydgren said.

Mr Ydgren recommended a fine of between $300 and $400.

In determining penalty, the Committee took into account Mr Barron’s very frank admission of the breach and, in particular, his excellent race driving record. The Committee took, as a starting point, a fine of $400 but gave Mr Barron credit for those significant mitigating factors. It also took into account, as an aggravating factor, as pointed out by Mr Ydgren, that another runner had been eliminated from the Race.

Taking all of those matters into account, Mr Barron was fined the sum of $300.


R G McKenzie           K G Hales and S C Ching
CHAIR                       Committee Members
68062

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