Kumeu TC – 16 September 2010 – R 9

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startdate: 16/09/2010

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hearing_title: Kumeu TC - 16 September 2010 - R 9

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr JM Muirhead

Defendant:  Mr IJ Brownlee

Information No:  68700

Meeting:  Kumeu Trotting Club

Date:  16th September 2010

Venue:  Alexandra Park Raceway Auckland

Race:  9

Rule No:  869(7A)(c)

Judicial Committee:  BJ Scott Chairman, - JN Holloway Committee Member

Plea:  Not admitted.

CHARGE:

Horseman IJ Brownlee was charged with moving his horse Spirit of Adonis inwards when attempting to take a trailing position in behind the leader Greg Brydon forcing Rocket Fun (driver PC Ferguson) to strike track markers and move inside the marker line. 

FACTS:

Rule 869(7A)(c) provides:

“Every horseman who move inwards shall ensure that the movement does not cause any other horseman, horse or sulky to contact any track marker or protrude inside the marker line.”

The Rule was read to Mr Brownlee and he acknowledged that he understood it. 

Mr Muirhead gave evidence by using the video films.  He pointed out that Mr Ferguson’s horse drew 1 and Mr Brownlee’s horse drew 2 and when the horses went into the first bend that Greg Brydon had gone ahead of both of them.  He showed that Mr Ferguson had to drive his horse hard to get up into the trail behind Greg Brydon and he also showed Mr Brownlee trying to move inwards and endeavour to trail behind Greg Brydon.

As far as Mr Muirhead was concerned Mr Ferguson was entitled to be there and although he thought that Mr Brownlee might have been fooled by the inward movement of Greg Brydon the result of his inward movement meant that Mr Ferguson had no room to go anywhere but over the pylons and that Mr Brownlee had forced him to do so.  Mr Muirhead said that Mr Brownlee cramped up Mr Ferguson for approximately 400 metres and over 150 metres of that Mr Ferguson struck a number of pylons.

Mr Brownlee was given the opportunity to cross examine Mr Muirhead but he did not have any questions.

Mr Ferguson then gave evidence and he confirmed that he was the driver of Rocket Fun and that he drew 1 and Mr Brownlee drew 2 and that they raced together into the first bend.  Mr Ferguson said that Mr Neal driving Greg Brydon went ahead of them but that he was at least a half a cart or more off the fence.  He said that Mr Brownlee moved inwards following Mr Neal but that inwards movement meant that Mr Ferguson ran out of room and was forced over the pylons.

Mr Brownlee was given the opportunity to cross examine Mr Ferguson and he asked Mr Ferguson if he (Mr Brownlee) forced Mr Ferguson over the pylons and Mr Ferguson confirmed that he did.  Mr Brownlee also asked Mr Ferguson if he called out for room and Mr Ferguson said no because it should have been obvious to Mr Brownlee that Mr Ferguson’s horse was inside him.  Mr Brownlee also asked Mr Ferguson if he believed that he was entitled to be where he was and Mr Ferguson confirmed that he was entitled to be there.

Mr Brownlee then gave evidence and he said that after 300 metres he was following Mr Neal and he said that as far as he was concerned he had an advantage over Mr Ferguson.  He said “I thought I had obtained a position following Mr Neal” he said that he was well aware that Mr Ferguson was inside him but he also said that Mr Ferguson did not call out for room.

Mr Brownlee said that as far as he was concerned he did not force Mr Ferguson down onto the pylons.

In answer to questions from Mr Muirhead he (Mr Brownlee) said that he was aware that Mr Ferguson was on the inside of him and he did see Mr Ferguson’s horses head inside of him.  He did say that prior to moving inwards he did have an advantage over Mr Ferguson and he said he had his shoulder in there and was entitled to be there.  He said he was clearly in front of Mr Ferguson and was entitled to go in when he did.  Mr Brownlee said that the running line moved down and all he did was move in and follow Greg Brydon and he was entitled to do so.

Mr Muirhead by way of summary said that Mr Brownlee was never sufficiently clear of Mr Ferguson and was not entitled to force him over the pylons.  He said that following Mr Neal on Greg Brydon was not an excuse and Mr Brownlee would have known that Mr Neal was at least half a cart to three quarters of a cart width off the pylons and if Mr Neal was moving in then Mr Brownlee should have known that by following Mr Neal in the logical result was to push Mr Ferguson down and over the pylons.

Mr Brownlee for his part by way of summary repeated what he had given in evidence.

The Committee asked Mr Brownlee how he could believe that he was entitled to ease Mr Ferguson down if Mr Ferguson was already on the marker line.  Mr Brownlee could not answer.

REASONS:

The film evidence presented to us quite clearly shows the positioning of the horses, the inwards movement of Greg Brydon and the attempts by Mr Brownlee to move in on to the back of Greg Brydon.  It is very clear to us that Mr Brownlee was not entitled to move as he did and the only result of his movement was always going to be pushing Mr Ferguson’s horse and sulky over the pylons.  Mr Brownlee continued with his movement for some time and he did know that Mr Ferguson was inside him and it would appear that he was more focused on following Greg Brydon than worrying about Mr Ferguson. 

Mr Brownlee was not sufficiently clear of Mr Ferguson nor was there a sufficient gap in front of Mr Ferguson’s horse nor did Mr Brownlee have any advantage over Mr Ferguson and he should not have undertaken the inwards movement that he did.

DECISION:

The Committee finds the charge against Mr Brownlee under Rule 869(7A)(c) proven.

PENALTY SUBMISSIONS:

Mr Muirhead referred to the JCA Guidelines and said that the starting point was a fine of $300.00 and/or suspension of one week.  He pointed to Mr Brownlee’s driving record and said that he had only driven four times this season but in reality he only drives one or two times a week.

Mr Muirhead said that this charge was in the medium area on the scale of seriousness.

Mr Muirhead also said that he had some sympathy for Mr Brownlee because he said that Mr Ferguson drove to the limit of the Rules by his actions in moving up in behind Greg Brydon.

Mr Brownlee for his part said that he would prefer a suspension.  He said he had ten or twelve horses in work with four or five of them ready to race.

PENALTY REASONS:

The Committee took into account the evidence given by both parties.  The Committee takes the view that Mr Ferguson was at all times entitled to be where he was and even though he drove his horse hard up into the trailing position he was still moving along his line and this was a good move on his part because he ultimately won the race. 

The Committee believes that Mr Brownlee had no right to move inwards as he did and this movement was over some distance and gave Mr Ferguson’s horse no room to move at all.

The Committee is happy to impose a suspension of Mr Brownlee’s Horseman’s Licence but any suspension has to have some meaning and in the Committee’s view one week is not long enough.  The Committee is aware of the JCA Guidelines starting point fine and suspension and has also looked as similar penalties for this offence.  Taking all matters into account the Committee believes that a suspension of three weeks is more appropriate.

PENALTY:

The Committee therefore suspends Mr Brownlee’s Horseman’s Licence from today to the conclusion of racing on the 5^th of October 2010.  That is three driving days.

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hearing_type: Old Hearing

Rules: 869(7A)(c)

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