Archive Decision

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Auckland TC 28 November 2014 – R 4

ID: JCA14051

Applicant:
Mr J M Muirhead - Stipendiary Steward

Respondent(s):
Mr R J Brosnan - Open Horseman

Information Number:
A4218

Hearing Type:
Hearing

New Charge:
Driving inside the marker line

Rules:
Rule 869(7A)(a)&(b)

Plea:
admitted

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)

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: 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