Auckland TC – 25 September 2009 –
ID: JCA23007
Hearing Type (Code):
harness-racing
Decision:
An information was filed by Stipendiary Steward Mr J. Muirhead against Horseman Mr I. Brownlee alleging a breach of Rule 869(4)869 6(b)(6)(c) the Pushout Rule, in that he improved outwards on JASPERS MATE from the running line forcing STUTZ BEARCAT( N. Chilcott) to race wider on the track with 1600 metres to run.
An information was filed by Stipendiary Steward Mr J. Muirhead against Horseman Mr I. Brownlee alleging a breach of Rule 869(4)869 6(b)(6)(c) the Pushout Rule, in that he improved outwards on JASPERS MATE from the running line forcing STUTZ BEARCAT( N. Chilcott) to race wider on the track with 1600 metres to run.
--Mr Brownlee did not admit the beach and was present at the hearing. Mr Brownlee acknowledged he understood the Rule.
--Stipendiary Steward Mr J.Muirhead demonstrated the incident by use of the video films and we watched the incident from several different angles. He pointed out that with 1600 metres to run Mr Brownlee moved ground outwards when Miss Chilcott was already up outside his sulky wheel forcing her 3 wide from that point. He said this was an error of judgment by Mr Brownlee.
--Miss Chilcott was called by Mr Muirhead to give evidence, she informed the committee that she was pushed 3 wide by Mr Brownlee when already up past his sulky wheel, she informed the committee she was yelling out to Mr Brownlee not to move out and believed she was clearly pushed out.
--Mr Brownlee said when he made his manoeuvre outwards he was not aware that Miss Chilcott was there and believed he was a victim of circumstances due to an incident that happened in front of him.
--The Committee after viewing the films and listening to the evidence presented is of the view that this is a clear breach of the Pushout Rule and that Miss Chilcott’s horse had reached the sulky wheel of Jasper’s Mate driven by Mr Brownlee prior to him moving out and forcing her wider on the track. The committee noted that the Pushout happened approximately 50 metres prior to the incident which Mr Brownlee claimed he was a victim of circumstances.
--This Committee therefore finds the charge proven.
--Penalty Submissions
Mr Muirhead recommended a fine of $250.00 as stated in the penalty guide.
Mr Brownlee had nothing to offer.
--Accordingly this Committee imposes a fine of $250.00
--A Dooley B Scott
CHAIR Committee Member
67719
Decision Date: 25/09/2009
Publish Date: 25/09/2009
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: dd5a0661eb330b89130c2ce96ba870fc
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 25/09/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 25 September 2009 -
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information was filed by Stipendiary Steward Mr J. Muirhead against Horseman Mr I. Brownlee alleging a breach of Rule 869(4)869 6(b)(6)(c) the Pushout Rule, in that he improved outwards on JASPERS MATE from the running line forcing STUTZ BEARCAT( N. Chilcott) to race wider on the track with 1600 metres to run.
An information was filed by Stipendiary Steward Mr J. Muirhead against Horseman Mr I. Brownlee alleging a breach of Rule 869(4)869 6(b)(6)(c) the Pushout Rule, in that he improved outwards on JASPERS MATE from the running line forcing STUTZ BEARCAT( N. Chilcott) to race wider on the track with 1600 metres to run.
--Mr Brownlee did not admit the beach and was present at the hearing. Mr Brownlee acknowledged he understood the Rule.
--Stipendiary Steward Mr J.Muirhead demonstrated the incident by use of the video films and we watched the incident from several different angles. He pointed out that with 1600 metres to run Mr Brownlee moved ground outwards when Miss Chilcott was already up outside his sulky wheel forcing her 3 wide from that point. He said this was an error of judgment by Mr Brownlee.
--Miss Chilcott was called by Mr Muirhead to give evidence, she informed the committee that she was pushed 3 wide by Mr Brownlee when already up past his sulky wheel, she informed the committee she was yelling out to Mr Brownlee not to move out and believed she was clearly pushed out.
--Mr Brownlee said when he made his manoeuvre outwards he was not aware that Miss Chilcott was there and believed he was a victim of circumstances due to an incident that happened in front of him.
--The Committee after viewing the films and listening to the evidence presented is of the view that this is a clear breach of the Pushout Rule and that Miss Chilcott’s horse had reached the sulky wheel of Jasper’s Mate driven by Mr Brownlee prior to him moving out and forcing her wider on the track. The committee noted that the Pushout happened approximately 50 metres prior to the incident which Mr Brownlee claimed he was a victim of circumstances.
--This Committee therefore finds the charge proven.
--Penalty Submissions
Mr Muirhead recommended a fine of $250.00 as stated in the penalty guide.
Mr Brownlee had nothing to offer.
--Accordingly this Committee imposes a fine of $250.00
--A Dooley B Scott
CHAIR Committee Member
67719
sumissionsforpenalty:
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hearing_type: Old Hearing
Rules: 869.4
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