NZ Metro TC 11 May 2103 – R 10
ID: JCA10475
Meet Title:
NZ Metro TC - 11 May 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/05/11
Race Number:
R10
Decision:
Mr Dunn having admitted the breach, the charge was found proved.
Penalty:
Mr Dunn was fined the sum of $250.
Charge:
Excessive use of the whip.
Facts:
Following the running of Race 10, PGG Wrightson NZ Yearling Sales Series No.22 2YO Open Division (Final) (Listed Race), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr D J Dunn, alleging that Mr Dunn, as the driver of REGULUS in the race, “used his whip in a manner which Stewards deem to be excessive”.
Mr Dunn was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
Mr McIntyre told the Committee that it was alleged that Mr Dunn had used his whip 21 times in the final stages of the race. This was accepted by Mr Dunn.
Mr McIntyre showed a video replay of the final 300 metres of the race. He pointed out Mr Dunn, driving REGULUS, in 5th placing turning for home, and challenging strongly wider on the track. Mr Dunn, from that point, used his whip with his left hand on 21 occasions, while holding the reins in his right hand.
The Committee noted that REGULUS finished in 4th placing in the race, the judge’s margins being a long head, a ½ head and a ½ neck.
Submissions for Penalty:
Mr Dunn had 983 drives in the 2011/2012 season and, in the current season to date, he has had 821 drives, Mr McIntyre said. His record was “exemplary” – he had not previously appeared before a Judicial Committee on a whip charge in that time.
Mr McIntyre submitted that the fact it was a major race should be taken into account, as should Mr Dunn’s admission of the breach. A fine of $250 was appropriate, he submitted.
Mr Dunn stressed that he has had 1,800 drives, this season and last, without appearing on a whip charge. On that basis, he sought a “minimum penalty”.
Reasons for Penalty:
In determining penalty, the Committee took into account the starting point for breaches of the Rule recommended by the Penalty Guide of a fine of $300 and/or 6 drives. Mr Dunn was entitled to a discount for his frank admission of the breach and, in particular, his exceptional record (referred to above).
The Committee regarded the breach as being at the lower end of the scale as far as the number of strikes was concerned.
The Committee also took into account the status of the race (a Listed Race) and the stake payable ($225,000).
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: 04a61be0995542f515fe22b8ce86ed2c
informantnumber: A5294
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 07/05/2013
hearing_title: NZ Metro TC 11 May 2103 - R 10
charge:
Excessive use of the whip.
facts:
Following the running of Race 10, PGG Wrightson NZ Yearling Sales Series No.22 2YO Open Division (Final) (Listed Race), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr D J Dunn, alleging that Mr Dunn, as the driver of REGULUS in the race, “used his whip in a manner which Stewards deem to be excessive”.
Mr Dunn was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre told the Committee that it was alleged that Mr Dunn had used his whip 21 times in the final stages of the race. This was accepted by Mr Dunn.
Mr McIntyre showed a video replay of the final 300 metres of the race. He pointed out Mr Dunn, driving REGULUS, in 5th placing turning for home, and challenging strongly wider on the track. Mr Dunn, from that point, used his whip with his left hand on 21 occasions, while holding the reins in his right hand.
The Committee noted that REGULUS finished in 4th placing in the race, the judge’s margins being a long head, a ½ head and a ½ neck.
reasonsfordecision:
Decision:
Mr Dunn having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Dunn had 983 drives in the 2011/2012 season and, in the current season to date, he has had 821 drives, Mr McIntyre said. His record was “exemplary” – he had not previously appeared before a Judicial Committee on a whip charge in that time.
Mr McIntyre submitted that the fact it was a major race should be taken into account, as should Mr Dunn’s admission of the breach. A fine of $250 was appropriate, he submitted.
Mr Dunn stressed that he has had 1,800 drives, this season and last, without appearing on a whip charge. On that basis, he sought a “minimum penalty”.
reasonsforpenalty:
In determining penalty, the Committee took into account the starting point for breaches of the Rule recommended by the Penalty Guide of a fine of $300 and/or 6 drives. Mr Dunn was entitled to a discount for his frank admission of the breach and, in particular, his exceptional record (referred to above).
The Committee regarded the breach as being at the lower end of the scale as far as the number of strikes was concerned.
The Committee also took into account the status of the race (a Listed Race) and the stake payable ($225,000).
penalty:
Mr Dunn was fined the sum of $250.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N G McIntyre, Co-Chief Stipendiary Steward
JockeysandTrainer: D J Dunn, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f6f1dcb8d69bec57b1858d7302332478
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 14694b655e5e444c134d2472ed9a035e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/05/2013
meet_title: NZ Metro TC - 11 May 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC