Cambridge – Te Awamutu HRC – 12 November 2009 – Race 4

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startdate: 12/11/2009

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hearing_title: Cambridge - Te Awamutu HRC - 12 November 2009 - Race 4

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An Information was lodged by Stipendiary Steward Mr TW Taumanu against junior Horseman Mr E Brosnan alleging that Mr Brosnan the Driver of Driving Rain drove over the last pylon at the start of the passing lane and in doing so gained an unfair advantage by moving in early in the run home. 

An Information was lodged by Stipendiary Steward Mr TW Taumanu against junior Horseman Mr E Brosnan alleging that Mr Brosnan the Driver of Driving Rain drove over the last pylon at the start of the passing lane and in doing so gained an unfair advantage by moving in early in the run home. 

Mr Brosnan admitted the charge and wished to be present.

Mr Brosnan was present and was supported by Mr R Fensom.  The Committee was also advised that Mr Brosnan was supported by Mr M McKendry during the preliminary enquiry into this charge.

Mr Taumanu gave evidence by use of the video film and it showed Mr Brosnan’s horse Driving Rain three back on the pylons approaching the passing lane.  The two horses in front of him moved out slightly and Mr Brosnan attempted to move through on the inside and in doing so his inside sulky wheel ran over the last pylon at the entrance to the passing lane.  The film was very clear as far as Mr Taumanu was concerned.

Mr Brosnan for his part acknowledged that the incident was very clear cut and was clearly shown on the film.  He said the horses had been racing slowly down the back straight and sprinted from before the home turn and he was endeavoring to obtain the best possible position for his horse.  Mr Brosnan not only acknowledged that he had gone over the pylon but also advised this Committee that he could have made a better effort.  He did say that when he was pulling the Ear Plugs his horse did run in a little bit but he accepted responsibility for the incident.

In respect to penalty Mr Taumanu advised that the JCA Guidelines provide for a fine of $200.00.   He also pointed out that Mr Brosnan had a good driving record.  Mr Taumanu requested a fine of $200.00.

Stipendiary Steward Mr JM Muirhead also advised this Committee Mr Brosnan as a Junior Horseman is still learning and that he should be given credit for his co-operation with the Stipendiary Stewards and his acknowledgment that he was at fault in regards to this charge.

In respect to penalty Mr Fensom on behalf of Mr Brosnan confirmed that he was learning and said that he drives his horse very well and that in this instance he believed that Mr Brosnan merely made an error of judgment.

Decision and Penalty

The charge has been admitted and accordingly it is proven.  In regard to penalty however this Committee has taken into account the submissions from Mr Taumanu and Mr Muirhead and Mr Fensom on behalf of Mr Brosnan.  This Committee is also impressed with Mr Brosnan’s full co-operation and his guilty plea and he must be given credit for that.  Mr Brosnan is a Junior Horseman and is still learning but it was pointed to him that if his horse had have run into a dividend bearing position then the Stipendiary Stewards may well have lodged a protest. 

This Committee notes that the JCA Guidelines provide for a fine of $200.00 and in this instance, having given Mr Brosnan credit for the guilty plea, driving record, co-operation and the fact that he is a Junior Horseman this Committee imposes a fine of $150.00 on Mr Brosnan.

BJ Scott         BJ Rowe
CHAIR           Committee Member

67293

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race_title: Race 4

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meetdate: 12/11/2009

meet_title: Cambridge - Te Awamutu HRC - 12 November 2009

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name: Cambridge - Te Awamutu HRC