Auckland TC 16 December 2011 – R 9
ID: JCA11090
Meet Title:
Auckland TC - 16 December 2011
Meet Chair:
BScott
Meet Committee Member 1:
JHolloway
Race Date:
2011/12/16
Race Number:
R 9
Decision:
The charge, having been admitted, is accordingly proved.
Penalty:
The Committee imposes a fine of $200 on Mr R J Dunn.
Charge:
Breach of Rule 864(2)(d) - Gear Malfunction.
Facts:
An Information was lodged by Stipendiary Steward, Mr J M Muirhead, against Licensed Trainer, Mr R J Dunn, alleging that Mr Dunn did not ensure that the hopple shorteners for his horse, MCKAY, were affixed so as not to malfunction.
Mr Dunn was represented at this Committee by Mr J R Dunn and he advised the Committee that he did admit the breach.
Rule 864(2)(d) provides:
“Every horseman, owner, trainer and assistant thereof of a horse shall with regard to the that horse ensure that all gear is correctly applied and/or affixed so as not to malfunction or come adrift.”
Submissions for Decision:
Mr Muirhead said that following the running of the race, Mr R J Dunn, as the Driver of MCKAY, advised the Stewards that the hopple shorteners on MCKAY failed to release.
Mr Muirhead said that the same thing had happened the previous week on the same horse, when it was driven by Junior Horseman Mr T M Williams. Mr Muirhead said that Mr R J Dunn was given the benefit of the doubt last week but now that it has happened two weeks in a row, the Stewards had decided to bring this matter before the Committee.
Mr Muirhead further submitted to this Committee, that this offence could have been dealt with under the Minor Infringement procedure, but that the Stewards had decided to deal with it by way of an Information.
Mr J R Dunn, in response, said that on a previous occasion, he was meant to drive the horse, but that he had become ill and that there had been a rush to gear up the horse, and he pointed to this for the failure of the gear last week.
He did say however, that the gear is perfect and it is the same sulky, same gear, same horse and the gear is rigged up in the same way. He said that the hopple shorteners are on the sulky permanently and that he cannot change anything.
Mr Dunn also said that the same gear worked perfectly two races later on one of their other horses.
Mr Dunn said that the horse paced beautifully throughout the race and the malfunction of the hopple shorteners did not have any effect on the horse's racing performance.
Mr Muirhead, in response, said that he could not understand why the hopple shorteners were not tested in the intervening week. He noted that the Trainer, Mr R J Dunn, was at Alexandra Park last Tuesday and was in Auckland during the week, and had ample opportunity to test them.
Submissions for Penalty:
Mr Muirhead submitted that a fine of $200 was appropriate. He pointed to the fact that under the Minor Infringement procedure, the penalty is set at $250 although this is for Gear incorrectly applied.
Mr Dunn believed that the fine submitted by Mr Muirhead was excessive.
Reasons for Penalty:
The Committee notes that this has happened two weeks in a row, and that the Stewards had given Mr Dunn the benefit of the doubt in the previous week. The Committee also notes that in the intervening week, no steps were taken to test the hopple shorteners.
In the Committee’s view, somebody has to take responsibility for the malfunction of the gear, and the Committee believes that the fine submitted by Mr Muirhead is appropriate.
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: 160764feb34b3c6ad6a735894677bedd
informantnumber: 69174
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 14/12/2011
hearing_title: Auckland TC 16 December 2011 - R 9
charge:
Breach of Rule 864(2)(d) - Gear Malfunction.
facts:
An Information was lodged by Stipendiary Steward, Mr J M Muirhead, against Licensed Trainer, Mr R J Dunn, alleging that Mr Dunn did not ensure that the hopple shorteners for his horse, MCKAY, were affixed so as not to malfunction.
Mr Dunn was represented at this Committee by Mr J R Dunn and he advised the Committee that he did admit the breach.
Rule 864(2)(d) provides:
“Every horseman, owner, trainer and assistant thereof of a horse shall with regard to the that horse ensure that all gear is correctly applied and/or affixed so as not to malfunction or come adrift.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead said that following the running of the race, Mr R J Dunn, as the Driver of MCKAY, advised the Stewards that the hopple shorteners on MCKAY failed to release.
Mr Muirhead said that the same thing had happened the previous week on the same horse, when it was driven by Junior Horseman Mr T M Williams. Mr Muirhead said that Mr R J Dunn was given the benefit of the doubt last week but now that it has happened two weeks in a row, the Stewards had decided to bring this matter before the Committee.
Mr Muirhead further submitted to this Committee, that this offence could have been dealt with under the Minor Infringement procedure, but that the Stewards had decided to deal with it by way of an Information.
Mr J R Dunn, in response, said that on a previous occasion, he was meant to drive the horse, but that he had become ill and that there had been a rush to gear up the horse, and he pointed to this for the failure of the gear last week.
He did say however, that the gear is perfect and it is the same sulky, same gear, same horse and the gear is rigged up in the same way. He said that the hopple shorteners are on the sulky permanently and that he cannot change anything.
Mr Dunn also said that the same gear worked perfectly two races later on one of their other horses.
Mr Dunn said that the horse paced beautifully throughout the race and the malfunction of the hopple shorteners did not have any effect on the horse's racing performance.
Mr Muirhead, in response, said that he could not understand why the hopple shorteners were not tested in the intervening week. He noted that the Trainer, Mr R J Dunn, was at Alexandra Park last Tuesday and was in Auckland during the week, and had ample opportunity to test them.
reasonsfordecision:
Decision:
The charge, having been admitted, is accordingly proved.
sumissionsforpenalty:
Mr Muirhead submitted that a fine of $200 was appropriate. He pointed to the fact that under the Minor Infringement procedure, the penalty is set at $250 although this is for Gear incorrectly applied.
Mr Dunn believed that the fine submitted by Mr Muirhead was excessive.
reasonsforpenalty:
The Committee notes that this has happened two weeks in a row, and that the Stewards had given Mr Dunn the benefit of the doubt in the previous week. The Committee also notes that in the intervening week, no steps were taken to test the hopple shorteners.
In the Committee’s view, somebody has to take responsibility for the malfunction of the gear, and the Committee believes that the fine submitted by Mr Muirhead is appropriate.
penalty:
The Committee imposes a fine of $200 on Mr R J Dunn.
hearing_type: Hearing
Rules: 864(2)(d)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr R J Dunn - Licensed Trainer
Otherperson: Mr J R Dunn - representing Mr R J Dunn
PersonPresent:
Respondent:
StipendSteward:
raceid: ad6469b377d85d0e0ed4673accb06081
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e0a5fc5e79990b6e0d5f528759f7b630
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/12/2011
meet_title: Auckland TC - 16 December 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: JHolloway
meet_pm2: none
name: Auckland TC