Archive Decision

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Waikato BOP H 17 December 2020 – R 1 – Chair, Mr A Godsalve

ID: JCA10782

Applicant:
Mr J Muirhead - Senior Stipendiary Steward

Respondent(s):
Mr J Brownlee - Amateur Driver

Information Number:
A10346

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
Rule 869(3)(b)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 17 December 2020

Meet Chair:
AGodsalve

Race Date:
2020/12/17

Race Number:
R1

Decision:

As the breach is admitted the charge is proved.

Penalty:

Mr Brownlee was fined the sum of $200.

Facts:

An Information was submitted by Mr Muirhead following the running of Race 1. He alleged that Amateur Driver Mr J Brownlee, drivng NATURAL JUSTICE' drove carelessly near the 1500m by allowing his gelding to contact the sulky of MARIA KIRILENKO, resulting in NATURAL JUSTICE breaking.

Rule 869(3)(b) states 'No driver in any race shall drive carelessly'.

Mr Brownlee was present at the hearing and acknowledged that:

1. He understood the Rule, and

2. He admitted the breach.

Using the films Mr Muirhead identified NATURAL JUSTICE as the field approached the 1500m. The horse was 5 deep on the running line. In front of that horse was MARIA KIRILENKO. Mr Muirhead pointed out that NATURAL JUSTICE was over-racing, and in spite of Mr Brownlee attempting to restrain it, the horse made contact with MARIA KIRILENKO's sulky in front of it. As a result, the horse went off stride.

Mr Muirhead further stated that in his opinion Mr Brownlee had his hands too far back on the reins, and that the incident was 'not the worst'. No other horse was disadvantaged.

Mr Brownlee said that prior to the incident NATURAL JUSTICE had been 'off the bit' and he had been attempting to get the horse 'on the bit'. He added that the horses in front of him had slowed the pace, and that while he had a strong grip of his drive, the horse clipped the sulky in front of it.

Submissions for Penalty:

Mr Muirhead said the incident was at the lower end of the scale and that these types of breaches normally attracted a fine in the region of $200.

Mr Brownlee had nothing to add.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of a $500 fine or a 10 drive suspension. Mr Brownlee does not have any breaches of this Rule in the preceding 6 months. The Committee considered the incident to be minor, no other horse or driver was disadvantaged. We considered a fine of $200 to be the appropriate penalty.

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: 01afc6992e272ec4faf52cf9541a0013


informantnumber: A10346


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 18/12/2020


hearing_title: Waikato BOP H 17 December 2020 - R 1 - Chair, Mr A Godsalve


charge:


facts:

An Information was submitted by Mr Muirhead following the running of Race 1. He alleged that Amateur Driver Mr J Brownlee, drivng NATURAL JUSTICE' drove carelessly near the 1500m by allowing his gelding to contact the sulky of MARIA KIRILENKO, resulting in NATURAL JUSTICE breaking.

Rule 869(3)(b) states 'No driver in any race shall drive carelessly'.

Mr Brownlee was present at the hearing and acknowledged that:

1. He understood the Rule, and

2. He admitted the breach.

Using the films Mr Muirhead identified NATURAL JUSTICE as the field approached the 1500m. The horse was 5 deep on the running line. In front of that horse was MARIA KIRILENKO. Mr Muirhead pointed out that NATURAL JUSTICE was over-racing, and in spite of Mr Brownlee attempting to restrain it, the horse made contact with MARIA KIRILENKO's sulky in front of it. As a result, the horse went off stride.

Mr Muirhead further stated that in his opinion Mr Brownlee had his hands too far back on the reins, and that the incident was 'not the worst'. No other horse was disadvantaged.

Mr Brownlee said that prior to the incident NATURAL JUSTICE had been 'off the bit' and he had been attempting to get the horse 'on the bit'. He added that the horses in front of him had slowed the pace, and that while he had a strong grip of his drive, the horse clipped the sulky in front of it.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach is admitted the charge is proved.


sumissionsforpenalty:

Mr Muirhead said the incident was at the lower end of the scale and that these types of breaches normally attracted a fine in the region of $200.

Mr Brownlee had nothing to add.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of a $500 fine or a 10 drive suspension. Mr Brownlee does not have any breaches of this Rule in the preceding 6 months. The Committee considered the incident to be minor, no other horse or driver was disadvantaged. We considered a fine of $200 to be the appropriate penalty.


penalty:

Mr Brownlee was fined the sum of $200.


hearing_type: Hearing


Rules: Rule 869(3)(b)


Informant: Mr J Muirhead - Senior Stipendiary Steward


JockeysandTrainer: Mr J Brownlee - Amateur Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: fbb933eebbeec05573700eb9054baca7


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: 5c42047fb9841d60bff8bef069f32617


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 17/12/2020


meet_title: Harness Racing Waikato - 17 December 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: none


meet_pm2: none


name: Harness Racing Waikato