Auckland TC – 25 November 2008 – Race 7
ID: JCA22903
Hearing Type (Code):
harness-racing
Decision:
An information was filed alleging a breach of the Rule 869 (3) (b) & 869 (7) (a); this information was filed at the Manukau Trotting Clubs meeting on the 25th November 2008 and was adjourned to the 28th at 4.30 pm as Mr Brownlee had left the course on the 25th November .
An information was filed alleging a breach of the Rule 869 (3) (b) & 869 (7) (a); this information was filed at the Manukau Trotting Clubs meeting on the 25th November 2008 and was adjourned to the 28th at 4.30 pm as Mr Brownlee had left the course on the 25th November .
--The informant was Mr J M Muirhead and the information alleged that Mr I J Brownlee drove WHODATDARE, carelessly improving inwards forcing a gap to obtain the trail in behind the leader SCORPIO VANCE, which forced the trailing runner WONDERLAND, over several pylons and forced this horse to retreat to a three deep position.
--This information was faxed to Mr Brownlee on the 26th November by the registrar M/s R Bak and faxed back admitting the breach of the rules. Mr Brownlee had signed the information admitting the charge and was present at the hearing of this information.
--Mr Muirhead showed the video of this incident and gave his interpretation of this video.
--Submissions were heard on penalty from both Mr Muirhead and Mr Brownlee.
--Mr Muirhead stated in his submissions that he considered this breach to be at the upper end of careless driving and he was seeking a penalty of 3 to 4 weeks suspension of Mr Brownlee’s horsemans licence. Mr Muirhead also advised that Mr Brownlee had a good driving record over the past twelve months. Mr Brownlee’s driving record was produced for perusal.
--Mr Brownlee was agreeable to a suspension and advised he did not wish to pay a fine.
--Decision and Reasons.
--Having heard the submissions as outlined by Mr Muirhead on penalty and having taken into consideration the submissions by Mr Brownlee also his admission of the breach of the rules at the first opportunity it is my finding that this breach of the rules is at the upper end of careless driving.
--Mr Brownlee’s horsemans licence is suspended for a period of three weeks from the close of racing on the 28th November 2008 to the close of racing on the 19th December 2008
----
Kevin G Coutts
--Chairman
Decision Date: 25/11/2008
Publish Date: 25/11/2008
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: f0e2ae6e445caba952c89074fd32777b
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 25/11/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 25 November 2008 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information was filed alleging a breach of the Rule 869 (3) (b) & 869 (7) (a); this information was filed at the Manukau Trotting Clubs meeting on the 25th November 2008 and was adjourned to the 28th at 4.30 pm as Mr Brownlee had left the course on the 25th November .
An information was filed alleging a breach of the Rule 869 (3) (b) & 869 (7) (a); this information was filed at the Manukau Trotting Clubs meeting on the 25th November 2008 and was adjourned to the 28th at 4.30 pm as Mr Brownlee had left the course on the 25th November .
--The informant was Mr J M Muirhead and the information alleged that Mr I J Brownlee drove WHODATDARE, carelessly improving inwards forcing a gap to obtain the trail in behind the leader SCORPIO VANCE, which forced the trailing runner WONDERLAND, over several pylons and forced this horse to retreat to a three deep position.
--This information was faxed to Mr Brownlee on the 26th November by the registrar M/s R Bak and faxed back admitting the breach of the rules. Mr Brownlee had signed the information admitting the charge and was present at the hearing of this information.
--Mr Muirhead showed the video of this incident and gave his interpretation of this video.
--Submissions were heard on penalty from both Mr Muirhead and Mr Brownlee.
--Mr Muirhead stated in his submissions that he considered this breach to be at the upper end of careless driving and he was seeking a penalty of 3 to 4 weeks suspension of Mr Brownlee’s horsemans licence. Mr Muirhead also advised that Mr Brownlee had a good driving record over the past twelve months. Mr Brownlee’s driving record was produced for perusal.
--Mr Brownlee was agreeable to a suspension and advised he did not wish to pay a fine.
--Decision and Reasons.
--Having heard the submissions as outlined by Mr Muirhead on penalty and having taken into consideration the submissions by Mr Brownlee also his admission of the breach of the rules at the first opportunity it is my finding that this breach of the rules is at the upper end of careless driving.
--Mr Brownlee’s horsemans licence is suspended for a period of three weeks from the close of racing on the 28th November 2008 to the close of racing on the 19th December 2008
----
Kevin G Coutts
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
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Respondent:
StipendSteward:
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