Morrinsville TC – 15 January 2006 –

hearingid: f10210fdd5fba227c2eec414f6a90285

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hearing_racingtype: harness-racing

startdate: 15/01/2006

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hearing_title: Morrinsville TC - 15 January 2006 -

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Stipendiary Steward Mr MUIRHEAD laid an information alleging that during Race 5, Horseman Mr R BROSNAN failed to keep NACOKEE in a straight line in the run home, impeding the progress of SPECIALIAM

Stipendiary Steward Mr MUIRHEAD laid an information alleging that during Race 5, Horseman Mr R BROSNAN failed to keep NACOKEE in a straight line in the run home, impeding the progress of SPECIALIAM, in breach of Rule 869(4) and clauses 7 & 8 of the PASSING LANES, FALSE RAILS AND HOME STRAIGHT Regulations.

Mr Brosnan appeared for the hearing and did not admit the charge.

Mr Muirhead sought consent for evidence adduced at the earlier protest hearing into the same race be admitted. Mr Brosnan agreed to this.

Mr Muirhead read the contents of the relevant Rules and Regulations to the Hearing

The relevant video tapes were played to the hearing. Mr Muirhead described Mr Brosnans movement from the 200 metre mark to the finish line.

At the 200 metre mark he was at least 4 wide and as he progressed his wheel came inside the line of Specialiam and continued to tighten Mr White. Mr White at the earlier hearing had given evidence of concerns over Mr Brosnans inwards movements and not of the horse on his inside moving out.

Mr Brosnan had continued to drive his horse throughout whereas Mr White had to stop driving short of the finish line. At the finish line Mr Brosnan had moved inwards at least a sulky width over the 200 metres.

Cross examined by Mr Brosnan Mr Muirhead supported this

contention by indicating the respective distance from the rail at the 200 metre mark and again at the finish. In his opinion Specialiam had basically held a straight line as its driver Mr White had claimed.

Mr Brosnan gave evidence and said that in his opinion he thought he had maintained a straight line

Decision

Taking into account evidence given at this and the earlier protest hearing the Charge was proven.

Following submissions on penalty and taking into account Mr Brosnans excellent driving record, and his preference for suspension rather than a fine, He was suspended for 2 days from the end of Racing at Te Aroha until the conclusion of Racing at Thames on the 22^nd January 2006.

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hearing_type: Old Hearing

Rules: 869.4

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