Avondale 25 May 2022 – R4 – Mark Brosnan

EVIDENCE:

Following the running of Race 4, Mr Mark Brosnan, the Trainer of GRACE ‘N’ GLORY admitted a charge which was filed pursuant to Rule 614(2). The Applicant, Mrs L Selvakumaran, alleged that Mr Brosnan, omitted a towel when saddling GRACE ‘N’ GLORY.

Mr Brosnan acknowledged that he understood the nature of the charge and the Rule.  He also confirmed that he did admit the breach.

Rule 614(2) provides that:

A person must not be neglectful or careless in saddling a horse.

Mrs Selvakumaran told the Adjudicative Committee that after race 4 the Rider of GRACE ‘N’ GLORY (L Satherley), weighed in 0.4 kg light.  Upon investigation it was established that Mr Brosnan had omitted to include the towel when saddling GRACE ‘N’ GLORY.

In response Mr Brosnan acknowledge that he omitted to include the towel.  He said that it was a mistake on his part and that the towel got “mixed up” with the rub down towel.

REASON FOR DECISION:

Mr Brosnan has admitted the breach and it is therefore proved.

SUBMISSION FOR PENALTY:

Mrs Selvakumaran said that Mr Brosnan has a clear record under the Rule.  She also pointed out that Mr Brosnan’s overall record (for breaches of any of the Rules) is excellent.

Mrs Selvakumaran submitted that the Penalty Guide provides for a $150 fine as the starting point for a breach of this nature.  She added there are no aggravating factors.

Mr Brosnan reiterated the breach was due to a mistake on his part.

REASON FOR PENALTY:

The Committee carefully considered all evidence and submissions presented.

The Penalty Guidelines establishes a $150 fine as the starting point in circumstances where a towel is omitted.  Any uplifts are generally dealt with on a fact dependent basis, particularly if there are adverse consequences as a result of the omission.

In this case there are no consequences to consider and, on that basis, the Adjudicative Committee determined that a fine is $150 is an appropriate penalty.

CONCLUSIONS:

Trainer, Mark Brosnan is fined $150.