Archive Decision

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Rangiora HRC 26 May 2019 – R 1 – Chair Mr D Anderson

ID: JCA15551

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr J Brownlee - Amateur Driver

Other Person:
Mr S Renault - Stipendiary Steward

Information Number:
A10896

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Rangiora HRC - 26 May 2019

Meet Chair:
DAnderson

Meet Committee Member 1:
OJarvis

Race Date:
2019/05/26

Race Number:
R 1

Decision:

Mr Brownlee having admitted the breach; the charge was found proved.

Penalty:

Mr Brownlee’s licence to drive is suspended from the close of racing today up to and including racing on the 31 August 2019. In addition to this suspension Mr Brownlee is fined $100.

Facts:

Following the running of Race 1, the Bishopdale/Bush Inn TAB’S Amateur Drivers Champs HT 4 Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Amateur Driver Mr J Brownlee, alleging that “Mr Brownlee drove carelessly near the 1400 metres by allowing his horse to shift inwards and race over pylons causing his horse to break.”

Mr Brownlee confirmed that he understood the rule he was being charged with and indicated that he admitted the breach.

Rule 869 provides as follows:

(2) No horseman in any race shall drive: -

(b) carelessly

Mr Ydgren used the race films to identify Mr Brownlee racing in last position on the rail entering the home straight with a lap to run. He pointed to Mr Brownlee who he said was trying to adjust his reins and or his grip. He showed, as Mr Brownlee was preoccupied with his reins, IM SICK OF EXCUSES shift in, contact a pylon and then jump the next one, causing it to break.

Mr Brownlee stated he was at a loss how the incident happened and explained to the Committee he drives trackwork and has reasonable experience. He added it wasn’t a good look on the video.

Submissions for Penalty:

Mr Ydgren stated Mr Brownlee has had 15 drives this season, 3 last season and 4 the previous season. He said the carelessness was mid-range and the penalty guide for this is a 10-drive suspension or a $500 fine. He said the Stewards would be seeking a suspension in this case but believed Mr Brownlee deserved some credit for his admission and record and asked the Committee to consider an 8-drive suspension as Penalty. He reminded the Committee Amateur drivers have only 2 opportunities to drive each month and any suspension should reflect that.

Mr Brownlee submitted this period of suspension was harsh and would impact on the number of Amateur drivers available to drive in the North Island. He said he would much prefer a fine.

Reasons for Penalty:

In determining penalty, the Committee considered this to be a mid-range breach and have adopted the JCA Penalty Guide starting point of a 10-drive suspension or a $500 fine. There are no aggravating factors here. IM SICK OF EXCUSES galloped without inference to any other runner.

The mitigating factors are Mr Brownlee’s good record and frank admission of the breach. The Committee had regard for his submissions and his forthright and honest way he conducted himself throughout the hearing.

The Committee in considering all the above factors find that a combination of a suspension and fine is appropriate in this case.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

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: b208a918ba88e179294c609f7329de9e


informantnumber: A10896


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 28/05/2019


hearing_title: Rangiora HRC 26 May 2019 - R 1 - Chair Mr D Anderson


charge:


facts:

Following the running of Race 1, the Bishopdale/Bush Inn TAB’S Amateur Drivers Champs HT 4 Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Amateur Driver Mr J Brownlee, alleging that “Mr Brownlee drove carelessly near the 1400 metres by allowing his horse to shift inwards and race over pylons causing his horse to break.”

Mr Brownlee confirmed that he understood the rule he was being charged with and indicated that he admitted the breach.

Rule 869 provides as follows:

(2) No horseman in any race shall drive: -

(b) carelessly

Mr Ydgren used the race films to identify Mr Brownlee racing in last position on the rail entering the home straight with a lap to run. He pointed to Mr Brownlee who he said was trying to adjust his reins and or his grip. He showed, as Mr Brownlee was preoccupied with his reins, IM SICK OF EXCUSES shift in, contact a pylon and then jump the next one, causing it to break.

Mr Brownlee stated he was at a loss how the incident happened and explained to the Committee he drives trackwork and has reasonable experience. He added it wasn’t a good look on the video.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Brownlee having admitted the breach; the charge was found proved.


sumissionsforpenalty:

Mr Ydgren stated Mr Brownlee has had 15 drives this season, 3 last season and 4 the previous season. He said the carelessness was mid-range and the penalty guide for this is a 10-drive suspension or a $500 fine. He said the Stewards would be seeking a suspension in this case but believed Mr Brownlee deserved some credit for his admission and record and asked the Committee to consider an 8-drive suspension as Penalty. He reminded the Committee Amateur drivers have only 2 opportunities to drive each month and any suspension should reflect that.

Mr Brownlee submitted this period of suspension was harsh and would impact on the number of Amateur drivers available to drive in the North Island. He said he would much prefer a fine.


reasonsforpenalty:

In determining penalty, the Committee considered this to be a mid-range breach and have adopted the JCA Penalty Guide starting point of a 10-drive suspension or a $500 fine. There are no aggravating factors here. IM SICK OF EXCUSES galloped without inference to any other runner.

The mitigating factors are Mr Brownlee’s good record and frank admission of the breach. The Committee had regard for his submissions and his forthright and honest way he conducted himself throughout the hearing.

The Committee in considering all the above factors find that a combination of a suspension and fine is appropriate in this case.


penalty:

Mr Brownlee’s licence to drive is suspended from the close of racing today up to and including racing on the 31 August 2019. In addition to this suspension Mr Brownlee is fined $100.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr J Brownlee - Amateur Driver


Otherperson: Mr S Renault - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 97ebe72837261b7bda81a4f4eaf3e0bf


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


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meetid: 169e92f632828f31dbbed3170f14b1e5


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meet_noreport: 0


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meet_emailed1: 0


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meetdate: 26/05/2019


meet_title: Rangiora HRC - 26 May 2019


meet_expappcomment:


meet_km:


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tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: OJarvis


meet_pm2: none


name: Rangiora HRC