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Thread: Jason Lee

  1. #1
    Super Moderator Stallion Messenger will become famous soon enough Messenger's Avatar
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    Jason Lee

    Somewhat following on from Lance Justice's sound off that the industry fails to promote its champions, I found it interesting that the day before his Adjourned Inquiry, Jason receives 2 different feature pieces on both HRV and Harnesslink. Coincidence? Good PR person? Manipulation?

    http://www.harnesslink.com/Australia...-be-a-reinsman

    http://www.harness.org.au/news-artic...?news_id=24541

    Last night's Stewards report from Terang is not out yet (where I expect we will find the result) but I bet he got off
    per un PUGNO di DOLLARI

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    Super Moderator Stallion Messenger will become famous soon enough Messenger's Avatar
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    Stewards tonight concluded their inquiries into Jason Lee’s drive on Narra Operative in Race 8 at Ballarat on Tuesday 2 September 2014. After hearing further evidence from driver Jason Lee and considering all the evidence he tendered and hearing evidence from driver Daryl Douglas regarding the previous racing pattern of Narra Operative, driver Lee was charged under Rule 149(1): A driver shall take all reasonable and permissible measures during the course of a race to ensure that the horse driven by that driver is given full opportunity to win or obtain the best possible placing in the field. The particulars being that by going to the pegs at the 1300m mark when it was reasonable and permissible to remain one off he has diminished his chances for an opportunity to gain clear running and therefore afford the horse its best opportunity to win or obtain the best possible placing in the race. Driver Lee was found guilty as charged and his licence to drive in race was suspended for a period of 4 weeks. In assessing penalty stewards were satisfied that when positioning Narra Operative to the pegs at the 1300m mark they felt it was a culpable error of judgment with no intent but diminished the horse’s opportunity to gain clear running over the latter stages of the race and also took into account his good driving record and his forthright evidence.

    The stewards must think we are infants and have to write fairytales for us

    I am glad that he at least copped 4wks - the integrity of our sport does not just have to be upheld but also seen to be upheld
    per un PUGNO di DOLLARI

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    Super Moderator Stallion Messenger will become famous soon enough Messenger's Avatar
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    Whatever happened to the post/poster who told us the result of the inquiry before it was made public - post disappeared along with my post asking how he knew. Harness is a secretive little game
    per un PUGNO di DOLLARI

  4. #4
    Member Filly allanjg will become famous soon enough
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    yes kev ,i was wondering how long that post was going to stay up.......the grape vine was mentioned .

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    Super Moderator Stallion Messenger will become famous soon enough Messenger's Avatar
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    By 1966, Barrett Strong, the singer on Motown Records' breakthrough hit, "Money (That's What I Want)", had the basics of a song he had started to write in Chicago, where the idea had come to him while walking down Michigan Avenue that people were always saying "I heard it through the grapevine"
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    Member Yearling Plunge Punter will become famous soon enough
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    Jason Lee has huge grounds for appeal here, rule 149 (1) does not mention anything about culpability or negligence. The mens rea element that needs to be proven by stewards is 'intention' for this rule. Stewards have admitted that their was no intention by Lee to diminish the horses chances, it doesn't matter if he was culpable, the rule does not cover negligence or culpability. To me this looks like another stuff up similar to the Cramp case.

  7. #7
    Super Moderator Stallion Messenger will become famous soon enough Messenger's Avatar
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    Quote Originally Posted by Plunge Punter View Post
    Jason Lee has huge grounds for appeal here, rule 149 (1) does not mention anything about culpability or negligence. The mens rea element that needs to be proven by stewards is 'intention' for this rule. Stewards have admitted that their was no intention by Lee to diminish the horses chances, it doesn't matter if he was culpable, the rule does not cover negligence or culpability. To me this looks like another stuff up similar to the Cramp case.
    It could well be the case Steve BECAUSE they have not got the balls to call a spade a spade - maybe they fluff it up so as not to hurt the image of the sport but I think the image would improve very quickly with some old fashioned authoritarianism
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  8. #8
    Super Moderator Stallion Messenger will become famous soon enough Messenger's Avatar
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    Quote Originally Posted by Plunge Punter View Post
    Jason Lee has huge grounds for appeal here, rule 149 (1) does not mention anything about culpability or negligence. The mens rea element that needs to be proven by stewards is 'intention' for this rule. Stewards have admitted that their was no intention by Lee to diminish the horses chances, it doesn't matter if he was culpable, the rule does not cover negligence or culpability. To me this looks like another stuff up similar to the Cramp case.
    On second thoughts I cannot agree Steve. See the rule below

    149. (1) A driver shall take all reasonable and permissible measures during the course of a race to ensure that the horse driven by that driver is given full opportunity to win or obtain the best possible placing in the field.

    I cannot see that intention has anything to do with this wording. If a driver was a dud (not Jason) and made some shocking decisions this rule would seem to cover it
    per un PUGNO di DOLLARI

  9. #9
    Member Yearling Plunge Punter will become famous soon enough
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    Im very familiar with that rule! Well what is the mens rea element that the stewards need to prove then Kevin? The way the proof of mens rea works in the legal system is if the element is not specified in the rule the presumption is intention. If the burden of proof for the stewards was only culpable the rule would say culpable somewhere and give the stewards that option.

    This is the equivalent of a judge finding a defendant guilty of murder but saying the defendant did not intend to murder the victim! That is a ridiculous proposition! That is why manslaughter was brought in because the burden of proof of intent was too high but proving recklessness and negligence was easier where the homicide was not intentional. Im telling you Kevin this is a balls up by the stewards. This is pretty basic stuff for the stewards to mess up. If Jason Lee argues his case properly he will get off at the RADB.

  10. #10
    Member Yearling astoevelaar will become famous soon enough
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    Under these circumstances you would make the distinction that he broke a rule not a law the two are completely different things. Mens Rea may apply to a murder but not for a racing infraction. If I was travelling 115km/in a 80km zone but didn't see the change in speed sign doesn't make me any less culpable for the offense. Stewards make decisions based on the balance of reasonable probability which is different to the rule of law which indicates beyond all reasonable doubt. Otherwise nobody would infringe because the defence I didn't know sir would be the only words you heard out of anyone's mouth in response to any infraction. Wouldn't you agree?

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