Manukau TC – 29 January 2009 – Race 4

hearingid: 0dad516986c2998de23a8e94e781fe64

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hearing_racingtype: harness-racing

startdate: 29/01/2009

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decisiondate: no date provided

hearing_title: Manukau TC - 29 January 2009 - Race 4

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Decision:

Under Rule 858 (a)(b) an Information was lodged by Stipendiary Steward Mr JM Muirhead against Trainer Mr RJ Brosnan alleging that Mr Brosnan was late presenting Sunny Lobell into the assembly area and onto the track nine minutes before start time.

Under Rule 858 (a)(b) an Information was lodged by Stipendiary Steward Mr JM Muirhead against Trainer Mr RJ Brosnan alleging that Mr Brosnan was late presenting Sunny Lobell into the assembly area and onto the track nine minutes before start time.

Mr Brosnan did not admit the charge and was present.

Rule 858 states as follows:

“Every horseman and/or person in charge of a horse shall ensure that:

(a)      The horse is, not later than the time fixed by the Stewards (whether in the regulations for the race meeting, official race book or otherwise) prior to any race paraded at the assembly area approved by the Stipendiary Steward,

(b)     The horse is on the racetrack at least ten minutes before the time of starting and at the post ready to start at least five minutes before the time of starting, or such other time as the Starter may direct.”

The Rule was read to Mr Brosnan.

Mr Muirhead gave evidence that he was in the assembly area prior to the start of the race and he noted Mr Brosnan coming into the assembly area with Sunny Lobell and going out onto the track and he noted that that was nine minutes before start time.   He said he spoke to Mr Brosnan and Mr Brosnan told him that he had had a gear problem but Mr Muirhead understood that it was a gearing up problem rather than a gear problem.   Mr Muirhead advised that Mr Brosnan did have a horse in the race before but as far as Mr Muirhead was concerned Mr Brosnan hadn’t indicated to anybody that he was in any difficulty as far as the gear for Sunny Lobell was concerned.

In response to a question from Mr Brosnan, Mr Muirhead acknowledged that Mr Brosnan’s allocated stalls were at the far end of the stables.   But Mr Muirhead said that Mr Brosnan is an experienced Trainer and he should have had sufficient staff with him to attend to the gearing up of his horses.

Mr Brosnan in response said that there was a simple reason for him being late in that his horse wears a boring pole and the horse in the prior race had also worn a boring pole and he had to take the pole holder off the previous horse and put it onto this horse.   He also said that Sunny Lobell wore a Martingale and that he could not affix that until he had completed the rest of the gearing up of the horse.

Mr Brosnan did however acknowledge that he was late into the assembly area and onto the track although he said he did not know the actual time.   Further to that Mr Brosnan did say that he indicated to the Marshalling Steward that he might be delayed with a gear problem.

On the basis of the evidence provided to me and Mr Brosnan’s acknowledgement that he was late then I found the charge proven.

In respect to penalty Mr Muirhead did acknowledge that Mr Brosnan had an excellent record and he sought a penalty of $100.00.

Mr Brosnan thought that that was totally excessive and he complained about another Trainer who entered the assembly area just prior to him and was not charged.   I was advised that there were different circumstances applying to that situation.   Mr Brosnan believed that there were considerable mitigating factors and he did not accept that he should face a fine at all.

I considered all the evidence presented to me, I referred to the Judicial Committee Guidelines and took the submissions of both parties into account.

I also took the mitigating factors into account.

I accordingly imposed a fine of $50.00 on Mr Brosnan.

BJ Scott

Chairman

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hearing_type: Old Hearing

Rules: 858.a.b

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StipendSteward:

raceid: 431898d1231c0144d8130b805eb18182

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racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 4

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meetid: 5fd8617d31c70e89fda670d4b705a7ef

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meetdate: 29/01/2009

meet_title: Manukau TC - 29 January 2009

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tracklocation: manukau-tc

meet_racingtype: harness-racing

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name: Manukau TC