Auckland TC 28 November 2014 – R 4
ID: JCA14051
Meet Title:
Auckland TC - 28 November 2014
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2014/11/28
Race Number:
R5
Decision:
The charge is admitted and is therefore upheld.
Penalty:
The Committee fines Mr Brosnan $200.00.
Facts:
After the running of the FLASHING FOLDING AND CAPPING LTD HANDICAP TROT an Information was lodged by Stipendiary Steward Mr JM Muirhead against Open Horseman Mr RJ Brosnan alleging that he failed to ensure that KAWARAU SPUR'S sulky did not make contact with and/or protrude inside the marker line.
Mr Brosnan was present and he advised the Committee that he admitted the breach.
The parties agreed that they did not need to see the films again nor give any further evidence.
Submissions for Penalty:
Mr Muirhead referred to the JCA Guidelines and said that the starting point penalties for part (a) (contacting a track marker) and part (b) (sulky protruding inside marker line) were fines of $100.00 and $200.00 respectively. He was not seeking suspension of Licence.
He said that the aggravating factors were that Mr Brosnan had continued to drive over the pylons and his horse had been disqualified from 5th. He said Mr Brosnan was eager but careless.
He did say that Mr Brosnan had a good record and he had admitted the breach. He submitted that a fine of over $200.00 would be appropriate.
Mr Brosnan said that he thought he had only driven over one pylon but having seen the films he realised that he had driven over others.
Reasons for Penalty:
The Committee has listened to the penalty submissions and we had previously viewed the films and listened to the evidence in the Protest Hearing.
Mr Brosnan has caused his horse to be disqualified from the race but we find his actions to be at the lower end of the scale of carelessnesss. He is given credit for admitting the breach and for his good record.
We have checked the Penalty Schedules that are available to us and noted previous penalties given for similar breaches.
In our view a fine of $200.00 is appropriate.
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 917fbd769968ca75979e1dac7d2f5741
informantnumber: A4218
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving inside the marker line
plea: admitted
penaltyrequired: 1
decisiondate: 25/11/2014
hearing_title: Auckland TC 28 November 2014 - R 4
charge:
facts:
After the running of the FLASHING FOLDING AND CAPPING LTD HANDICAP TROT an Information was lodged by Stipendiary Steward Mr JM Muirhead against Open Horseman Mr RJ Brosnan alleging that he failed to ensure that KAWARAU SPUR'S sulky did not make contact with and/or protrude inside the marker line.
Mr Brosnan was present and he advised the Committee that he admitted the breach.
The parties agreed that they did not need to see the films again nor give any further evidence.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge is admitted and is therefore upheld.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Guidelines and said that the starting point penalties for part (a) (contacting a track marker) and part (b) (sulky protruding inside marker line) were fines of $100.00 and $200.00 respectively. He was not seeking suspension of Licence.
He said that the aggravating factors were that Mr Brosnan had continued to drive over the pylons and his horse had been disqualified from 5th. He said Mr Brosnan was eager but careless.
He did say that Mr Brosnan had a good record and he had admitted the breach. He submitted that a fine of over $200.00 would be appropriate.
Mr Brosnan said that he thought he had only driven over one pylon but having seen the films he realised that he had driven over others.
reasonsforpenalty:
The Committee has listened to the penalty submissions and we had previously viewed the films and listened to the evidence in the Protest Hearing.
Mr Brosnan has caused his horse to be disqualified from the race but we find his actions to be at the lower end of the scale of carelessnesss. He is given credit for admitting the breach and for his good record.
We have checked the Penalty Schedules that are available to us and noted previous penalties given for similar breaches.
In our view a fine of $200.00 is appropriate.
penalty:
The Committee fines Mr Brosnan $200.00.
hearing_type: Hearing
Rules: Rule 869(7A)(a)&(b)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr R J Brosnan - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2f3be40c629a009e1a7f451c0184ce6e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b70225898aefb72b1b2233043dd06ed6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/11/2014
meet_title: Auckland TC - 28 November 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: ADooley
meet_pm2: none
name: Auckland TC