Archive Decision

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Auckland TC – 24 February 2006 – Race 1

ID: JCA20198

Hearing Type:
Old Hearing

Rules:
869.3.b

Hearing Type (Code):
harness-racing

Meet Title:
Auckland TC - 24 February 2006

Race Date:
2006/02/24

Race Number:
Race 1

Decision: --

An information lodged by Stipendiary Steward Mr J Muirhead against Mr I Brownlee, driver of HARRY KAY, alleging a breach of Rule 869(3)(b) ? careless driving



--

DECISION & REASON:

--

An information lodged by Stipendiary Steward Mr J Muirhead against Mr I Brownlee, driver of HARRY KAY, alleging a breach of Rule 869(3)(b) ? careless driving ? in that Mr Brownlee drove his horse carelessly tightening FRANCO AZORE driven by Mr J Stormont, and thereby causing interference to that horse with approximately 800m to run. Mr Brownlee admitted the breach and was present at the hearing. Mr Muirhead demonstrated the incident by use of the video film. He said Mr Brownlee was forced four wide, eased back and moved inwards but unfortunately by that time Mr Stormont had moved his horse outwards and the inward movement of Mr Brownlee's horse caused interference to Mr Stormont's horse which broke. Mr Muirhead stressed to the committee that the offending was not of a serious nature. Mr Brownlee said that he felt the whole incident was marginal. He said he did not drive with the intention of causing interference.

--

Penalty:

--

Mr Muirhead said that Mr Brownlee had incurred two previous suspensions in the last 12 months but despite that he suggested a suspension of two days was appropriate. Mr Brownlee again said that he felt the offending was marginal. In fixing penalty the Committee took into account the following matters:

--
    --
  1. The guilty plea.
  2. --
  3. Mr Brownlee's driving record. The Committee was familiar with Mr Brownlee's most recent suspension in particular that the offending took place on a premier racing day resulting in a heavier than normal penalty.
  4. --
  5. The submissions of Mr Brownlee.
  6. --
  7. The submissions of Mr Muirhead which clearly indicated to the Committee that the offending was at the bottom end of the scale of seriousness.
  8. --
  9. The Committee's assessment of the seriousness of the offending from viewing the video film. The Committee were of the view that the offending was at the very bottom of the scale.
--

Balancing all of the above matters, the Committee suspended Mr Brownlee's horseman's licence for two days ? that is to the end of racing on the 5th March 2006.

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: 48c46869cd6b1f92124a94132c1724dc


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 24/02/2006


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Auckland TC - 24 February 2006 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

An information lodged by Stipendiary Steward Mr J Muirhead against Mr I Brownlee, driver of HARRY KAY, alleging a breach of Rule 869(3)(b) ? careless driving



--

DECISION & REASON:

--

An information lodged by Stipendiary Steward Mr J Muirhead against Mr I Brownlee, driver of HARRY KAY, alleging a breach of Rule 869(3)(b) ? careless driving ? in that Mr Brownlee drove his horse carelessly tightening FRANCO AZORE driven by Mr J Stormont, and thereby causing interference to that horse with approximately 800m to run. Mr Brownlee admitted the breach and was present at the hearing. Mr Muirhead demonstrated the incident by use of the video film. He said Mr Brownlee was forced four wide, eased back and moved inwards but unfortunately by that time Mr Stormont had moved his horse outwards and the inward movement of Mr Brownlee's horse caused interference to Mr Stormont's horse which broke. Mr Muirhead stressed to the committee that the offending was not of a serious nature. Mr Brownlee said that he felt the whole incident was marginal. He said he did not drive with the intention of causing interference.

--

Penalty:

--

Mr Muirhead said that Mr Brownlee had incurred two previous suspensions in the last 12 months but despite that he suggested a suspension of two days was appropriate. Mr Brownlee again said that he felt the offending was marginal. In fixing penalty the Committee took into account the following matters:

--
    --
  1. The guilty plea.
  2. --
  3. Mr Brownlee's driving record. The Committee was familiar with Mr Brownlee's most recent suspension in particular that the offending took place on a premier racing day resulting in a heavier than normal penalty.
  4. --
  5. The submissions of Mr Brownlee.
  6. --
  7. The submissions of Mr Muirhead which clearly indicated to the Committee that the offending was at the bottom end of the scale of seriousness.
  8. --
  9. The Committee's assessment of the seriousness of the offending from viewing the video film. The Committee were of the view that the offending was at the very bottom of the scale.
--

Balancing all of the above matters, the Committee suspended Mr Brownlee's horseman's licence for two days ? that is to the end of racing on the 5th March 2006.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.3.b


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e12057662765dde957cbd15adfaa70bb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 1


submittochair:


race_expappcomment:


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race_pm2:


meetid: a217f0dc15a96f67524eb1245e336639


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/02/2006


meet_title: Auckland TC - 24 February 2006


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Auckland TC