NZ Metro TC 24 June 2022 – R6 – James Brownlee

BACKGROUND:

Following the running of Race 6, NZ Amateur Drivers Championship (Heat 2) Mobile Pace, Advanced Amateur Driver, James Brownlee, admitted a breach of Rule 869(3)(b) in that, as the Driver of FOUR STARZZZ SHIRAZ, in the race, he drove carelessly shortly after the start by shifting ground inwards contacting the wheel of PHONE TAP (Jo-Ann Buckland-Stevens) which punctured.

The Respondent endorsed the Information “I do admit a breach of the Rule’” and confirmed he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No driver shall in any race drive carelessly.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, showed video replays of the first 200 metres of the 1980 metres mobile start race. He pointed out FOUR STARZZZ SHIRAZ, driven by the Respondent, which had drawn barrier position 2 and, to its inside, PHONE TAP, driven by Jo-Ann Buckland-Stevens. After the start, the Respondent attempted to ease to a position on the markers behind PHONE TAP, but the near-front leg of his horse has contacted the outside sulky wheel of PHONE TAP.  FOUR STARZZZ SHIRAZ did not break, but Ms Buckland-Stevens reported that her runner had sustained a punctured tyre in the incident.

In explanation, the Respondent stated that he had simply come down too quickly.

DECISION:

The charge is admitted by the Respondent and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that, to date this season, the Respondent has had 6 drives and, in the extended 2020/2021 season had 22 drives. His record under the Rule is clear.

Starting point for penalty under the Penalty Guide is a fine of $300, Mr McIntyre said. There is an aggravating factor in that PHONE  TAP has been required to run the entire race with a punctured tyre. The breach is mid-range, Mr McIntyre said.

REASONS FOR PENALTY:

The Adjudicative Committee noted the Penalty Guide starting point of a $300 fine.  The breach was mid-range because of the consequences to PHONE TAP. The Respondent is entitled to a discount, the Adjudicative Committee believes, for his very frank admission of the breach and his good record. That discount is fixed at $50.

CONCLUSION:

Advanced Amateur Driver, James Brownlee, is fined $250.