HR Waikato 24 January 2016 – R1 – Chair, Mr A Godsalve
ID: JCA11911
Meet Title:
Harness Racing Waikato - 24 January 2016
Meet Chair:
AGodsalve
Meet Committee Member 1:
BScott
Race Date:
2016/01/24
Race Number:
R1
Decision:
As Mr Brownlee has admitted the breach we find the charge proved.
Penalty:
The Committee therefore imposed a fine of $200 on Mr Brownlee.
Facts:
Following the running of race 1, the CLASSIC CUSINE AMATEUR DRIVERS MOBILE PACE, an Information was presented by Mr Mulcay alleging that Amateur Horseman, Mr J Brownlee drove G J SEELSTAR carelessly, improving where there was insufficient room inside NICOLE VAIDISOVA causing his own horse to gallop with 350 metres to run.
Mr Brownlee was present at the hearing and indicated to the Committee that he understood the Rule and that he admitted the breach.
Rule 869(3)(b) provides that 'No horseman in any race shall drive carelessly'.
Using the available video films Mr Mulcay demonstrated the incident. He pointed out that as the horses approached the home turn, G J SEELSTAR was in a 4 back position towards the markers. Immediately ahead of him was NICOLE VAIDISOVA. It was clear that NICOLE VAIDISOVA was being put under pressure to hold its position. Mr Mulcay stated that at that stage, Mr Brownlee had attempted to improve his position inside NICOLE VAIDISOVA when there was insufficient room for him to do so. Shortly after G J SEELSTAR had gone off stride into a gallop and had failed to settle back into a pace. As a result the horse had lost any chance it had to finish in a stakesbearing place.
Mr Mulcay added that the horses ahead of G J SEELSTAR were racing near the markers and that there had not been a full run available to Mr Brownlee, which meant that he had to restrain his horse resulting in it going off-stride. Mr Mulcay stated that although Mr Brownlee had made a error of judgement this still constituted careless driving under the Rules.
Mr Brownlee stated that it appeared to him that NICOLE VAIDISOVA had started to drift out and that he thought that there was a gap appearing for him to improve G J SEELSTAR.
Mr Brownlee added that when G J SEELSTAR had gone off stride it had broken some gear and as a result wouldn't come back to a pacing gait for him.
Submissions for Penalty:
Mr Mulcay submitted Mr Brownlee's driving record. He stated that he had a clear record during the period of the last 12 months, and that the Stewards assessed this breach to be at the low end. He added that Mr Brownlee had admitted the breach and also added that no other horse had been affected during the incident.
Mr Mulcay referred to the JCA Penalty Guide which provides for a starting point of a fine of $500 or a 10 drive suspension. He stated that given the mitigating circumstances referred to the Stewards felt a fine of a lesser amount of the starting point of $500 would be appropriate.
Mr Brownlee told the Committee that he felt a fine would be a preferable penalty in this instance.
Reasons for Penalty:
The Committee took into account the submissions made by Mr Mulcay and Mr Brownlee. We agree that this incident was at the low end of the scale of seriousness and that no other horse was affected by the breach. Mr Brownlee has admitted the breach and he has a clear record over the past 12 months relative to this Rule. We agree that the breach can be dealt with by means of a fine, and accordingly took notice of other penalties imposed for similar beaches of this Rule.
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: 302662fef25959cc0bdfeae720243fe4
informantnumber: A6512
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving causing own horse to gallop
plea: admitted
penaltyrequired: 1
decisiondate: 24/01/2016
hearing_title: HR Waikato 24 January 2016 - R1 - Chair, Mr A Godsalve
charge:
facts:
Following the running of race 1, the CLASSIC CUSINE AMATEUR DRIVERS MOBILE PACE, an Information was presented by Mr Mulcay alleging that Amateur Horseman, Mr J Brownlee drove G J SEELSTAR carelessly, improving where there was insufficient room inside NICOLE VAIDISOVA causing his own horse to gallop with 350 metres to run.
Mr Brownlee was present at the hearing and indicated to the Committee that he understood the Rule and that he admitted the breach.
Rule 869(3)(b) provides that 'No horseman in any race shall drive carelessly'.
Using the available video films Mr Mulcay demonstrated the incident. He pointed out that as the horses approached the home turn, G J SEELSTAR was in a 4 back position towards the markers. Immediately ahead of him was NICOLE VAIDISOVA. It was clear that NICOLE VAIDISOVA was being put under pressure to hold its position. Mr Mulcay stated that at that stage, Mr Brownlee had attempted to improve his position inside NICOLE VAIDISOVA when there was insufficient room for him to do so. Shortly after G J SEELSTAR had gone off stride into a gallop and had failed to settle back into a pace. As a result the horse had lost any chance it had to finish in a stakesbearing place.
Mr Mulcay added that the horses ahead of G J SEELSTAR were racing near the markers and that there had not been a full run available to Mr Brownlee, which meant that he had to restrain his horse resulting in it going off-stride. Mr Mulcay stated that although Mr Brownlee had made a error of judgement this still constituted careless driving under the Rules.
Mr Brownlee stated that it appeared to him that NICOLE VAIDISOVA had started to drift out and that he thought that there was a gap appearing for him to improve G J SEELSTAR.
Mr Brownlee added that when G J SEELSTAR had gone off stride it had broken some gear and as a result wouldn't come back to a pacing gait for him.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Brownlee has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Mulcay submitted Mr Brownlee's driving record. He stated that he had a clear record during the period of the last 12 months, and that the Stewards assessed this breach to be at the low end. He added that Mr Brownlee had admitted the breach and also added that no other horse had been affected during the incident.
Mr Mulcay referred to the JCA Penalty Guide which provides for a starting point of a fine of $500 or a 10 drive suspension. He stated that given the mitigating circumstances referred to the Stewards felt a fine of a lesser amount of the starting point of $500 would be appropriate.
Mr Brownlee told the Committee that he felt a fine would be a preferable penalty in this instance.
reasonsforpenalty:
The Committee took into account the submissions made by Mr Mulcay and Mr Brownlee. We agree that this incident was at the low end of the scale of seriousness and that no other horse was affected by the breach. Mr Brownlee has admitted the breach and he has a clear record over the past 12 months relative to this Rule. We agree that the breach can be dealt with by means of a fine, and accordingly took notice of other penalties imposed for similar beaches of this Rule.
penalty:
The Committee therefore imposed a fine of $200 on Mr Brownlee.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr J Brownlee - Licensed Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 84cae9ecd3caae53210df83d7f1b0f4c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9e772b4b4d0f321d28198546227b678f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/01/2016
meet_title: Harness Racing Waikato - 24 January 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: BScott
meet_pm2: none
name: Harness Racing Waikato