Forbury Park TC 6 October 2016 – R 6 – Chair, Prof G Hall
ID: JCA11510
Meet Title:
Forbury Park TC - 6 October 2016
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2016/10/06
Race Number:
R 6
Decision:
Mr Dunn’s continuing to permit DUSKY EYRE to drift outwards on the track and, in so doing, forcing Ms Ottley to race wider on the track, constitutes a breach of r 869(4) in that he has failed to maintain as straight a course as possible and he is thus deemed by para 8 of the passing lanes, false rails and home straight regulations to have driven in a manner likely to cause interference to KOWHAI WHIZ or its progress.
Penalty:
We impose a fine of $300 and remind Mr Dunn of his obligations under both the regulations and the Rules.
Facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr D Dunn (DUSKY EYRE) failed to maintain a straight line in the run home in race 6, the Dunedin CASINO SOCIAL CLUB HANDICAP TROT.
Rule R 869(4) states:
No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
The passing lanes, false rails and home straight regulations provide at paras 7 and 8:
Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.
Submissions for Decision:
Mr Tidmarsh demonstrated on the videos that the respondent led into the home straight. He believed Mr Dunn was “a loose one-off” at this time. He alleged that the respondent had permitted DUSKY EYRE, which finished first, to shift out some 4-horse widths in the run to the winning post. As a consequence, KOWHAI WHIZ, driven by Ms Ottley, which was racing outside DUSKY EYRE, was forced to race wider on the track. He stated the Stewards had spoken to Ms Ottley who indicated that she did not wish to proceed with a protest. Mr Tidmarsh emphasised the margin between first and second was half a length.
Mr Tidmarsh alleged that Mr Dunn had not made a reasonable effort to ensure that his horse did not shift out. He questioned why the respondent had not corrected his horse. He demonstrated that Mr Dunn was tapping his horse up when he should have had both hands on the reins.
Mr Dunn accepted DUSKY EYRE had drifted out under pressure in the home straight. He stated that he had a firm grip on the left rein and was trying to stop DUSKY EYRE from drifting out. He said the fact that DUSKY EYRE had its head turned inwards on occasion supported this fact.
Mr Dunn emphasised that he had never made contact with Ms Ottley and she had not yelled to him. He did not believe her chances were affected in that she did not have to pull her horse off DUSKY EYRE and she had had every chance in the home straight. He did not believe the fact he was using his stick with his right hand had any bearing on DUSKY EYRE continuing to drift outwards, as his left hand was putting pressure on the rein. He demonstrated on the side-on video that the right rein was loose and his left arm was out across the horse applying pressure on the left rein. He added that pulling harder on the rein would have affected the chances of DUSKY EYRE. He emphasised his obligation was to give his horse every chance to win the race. He believed he had done this and had not caused any interference to Ms Ottley.
Mr Tidmarsh summed up by stating the respondent had not made the necessary corrective measures and DUSKY EYRE had shifted out the length of the home straight when under pressure. He emphasised that r 869(4) referred to actions likely to cause interference. The fact Ms Ottley had not protested was irrelevant.
Mr Dunn replied he did not believe he had driven in manner likely to cause interference. Ms Ottley’s chances of winning the race had not been affected. He disputed he had moved out 4 cart widths, stating he was only 3 carts widths out at the finish. He added the bend into the home straight was sharp, it had taken time to balance DUSKY EYRE, and he was concerned if he placed too much pressure on the horse it might have gone into a gallop.
Reasons for Decision:
We find that Mr Dunn allowed his horse, DUSKY EYRE, to drift outwards on the track during the course of the run home. We believe the horse has moved out 3 cart widths and was 4 cart widths wide at the winning post. The respondent has emphasised that he caused no interference to Ms Ottley and that there was no protest. As Mr Tidmarsh stated, the margin at the finish between first and second was half a length. Had the margin been less, there may have been a protest.
We note that DUSKY EYRE’s head was turned inwards on occasion, as Mr Dunn has stated, but the degree of angle is slight and does not suggest that the respondent was taking the corrective action that was required in the circumstances. There was no discernible inwards movement by DUSKY EYRE.
Mr Dunn has emphasised that he was giving his horse every chance to win the race. We accept this was so. But as this Committee said to Mr Dunn during the hearing, his obligation under the Rules of Harness Racing is to do so in accordance with the Rules. Had Mr Dunn taken stronger action with the left rein, which we believe he was required to do in order to straighten DUSKY EYRE, it may have lessened the chances of the horse winning the race, as he has alleged, but nonetheless, this was the obligation placed upon him by the Rules.
Submissions for Penalty:
Mr Tidmarsh stated that the respondent had 1090 drives last season and 97 this season. His previous breach of this rule was on 12 February last when he was fined $300. Mr Tidmarsh submitted that this was the minimum fine that this Committee should consider imposing on this occasion.
Mr Dunn stated that the incident in February was in a stakes race and a lesser fine was appropriate as the tonight’s race was only a $7000 race.
Reasons for Penalty:
The Penalty Guide provides for a starting point of 6 drives or $300. We are concerned that Mr Dunn allowed DUSKY EYRE to drift out the full length of the home straight. We accept he was concerned that he did not restrict the chances of his horse winning the race. But Ms Ottley was to his outside and she had no option but to follow DUSKY EYRE wider on the track. Had the margin been less, there may have been a protest. Mr Dunn’s obligation was to maintain as straight a course as possible and his actions continued to be inadequate in this regard. We believe a small uplift of $100 is appropriate to reflect this fact. This is balanced by a reduction of $100 for Mr Dunn’s record, which, when the Committee has regard to the number of drives, can only be described as excellent.
JCA Decision Fields (raw)
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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: 1ee29964b4891161456fc3e1bd54320d
informantnumber: A7648
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving in manner likely to cause interference
plea: denied
penaltyrequired: 1
decisiondate: 12/10/2016
hearing_title: Forbury Park TC 6 October 2016 - R 6 - Chair, Prof G Hall
charge:
facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr D Dunn (DUSKY EYRE) failed to maintain a straight line in the run home in race 6, the Dunedin CASINO SOCIAL CLUB HANDICAP TROT.
Rule R 869(4) states:
No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
The passing lanes, false rails and home straight regulations provide at paras 7 and 8:
Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
Failure to comply with clauses 4 and/or 5 and/or 6 and/or 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.
appealdecision:
isappeal:
submissionsfordecision:
Mr Tidmarsh demonstrated on the videos that the respondent led into the home straight. He believed Mr Dunn was “a loose one-off” at this time. He alleged that the respondent had permitted DUSKY EYRE, which finished first, to shift out some 4-horse widths in the run to the winning post. As a consequence, KOWHAI WHIZ, driven by Ms Ottley, which was racing outside DUSKY EYRE, was forced to race wider on the track. He stated the Stewards had spoken to Ms Ottley who indicated that she did not wish to proceed with a protest. Mr Tidmarsh emphasised the margin between first and second was half a length.
Mr Tidmarsh alleged that Mr Dunn had not made a reasonable effort to ensure that his horse did not shift out. He questioned why the respondent had not corrected his horse. He demonstrated that Mr Dunn was tapping his horse up when he should have had both hands on the reins.
Mr Dunn accepted DUSKY EYRE had drifted out under pressure in the home straight. He stated that he had a firm grip on the left rein and was trying to stop DUSKY EYRE from drifting out. He said the fact that DUSKY EYRE had its head turned inwards on occasion supported this fact.
Mr Dunn emphasised that he had never made contact with Ms Ottley and she had not yelled to him. He did not believe her chances were affected in that she did not have to pull her horse off DUSKY EYRE and she had had every chance in the home straight. He did not believe the fact he was using his stick with his right hand had any bearing on DUSKY EYRE continuing to drift outwards, as his left hand was putting pressure on the rein. He demonstrated on the side-on video that the right rein was loose and his left arm was out across the horse applying pressure on the left rein. He added that pulling harder on the rein would have affected the chances of DUSKY EYRE. He emphasised his obligation was to give his horse every chance to win the race. He believed he had done this and had not caused any interference to Ms Ottley.
Mr Tidmarsh summed up by stating the respondent had not made the necessary corrective measures and DUSKY EYRE had shifted out the length of the home straight when under pressure. He emphasised that r 869(4) referred to actions likely to cause interference. The fact Ms Ottley had not protested was irrelevant.
Mr Dunn replied he did not believe he had driven in manner likely to cause interference. Ms Ottley’s chances of winning the race had not been affected. He disputed he had moved out 4 cart widths, stating he was only 3 carts widths out at the finish. He added the bend into the home straight was sharp, it had taken time to balance DUSKY EYRE, and he was concerned if he placed too much pressure on the horse it might have gone into a gallop.
reasonsfordecision:
We find that Mr Dunn allowed his horse, DUSKY EYRE, to drift outwards on the track during the course of the run home. We believe the horse has moved out 3 cart widths and was 4 cart widths wide at the winning post. The respondent has emphasised that he caused no interference to Ms Ottley and that there was no protest. As Mr Tidmarsh stated, the margin at the finish between first and second was half a length. Had the margin been less, there may have been a protest.
We note that DUSKY EYRE’s head was turned inwards on occasion, as Mr Dunn has stated, but the degree of angle is slight and does not suggest that the respondent was taking the corrective action that was required in the circumstances. There was no discernible inwards movement by DUSKY EYRE.
Mr Dunn has emphasised that he was giving his horse every chance to win the race. We accept this was so. But as this Committee said to Mr Dunn during the hearing, his obligation under the Rules of Harness Racing is to do so in accordance with the Rules. Had Mr Dunn taken stronger action with the left rein, which we believe he was required to do in order to straighten DUSKY EYRE, it may have lessened the chances of the horse winning the race, as he has alleged, but nonetheless, this was the obligation placed upon him by the Rules.
Decision:
Mr Dunn’s continuing to permit DUSKY EYRE to drift outwards on the track and, in so doing, forcing Ms Ottley to race wider on the track, constitutes a breach of r 869(4) in that he has failed to maintain as straight a course as possible and he is thus deemed by para 8 of the passing lanes, false rails and home straight regulations to have driven in a manner likely to cause interference to KOWHAI WHIZ or its progress.
sumissionsforpenalty:
Mr Tidmarsh stated that the respondent had 1090 drives last season and 97 this season. His previous breach of this rule was on 12 February last when he was fined $300. Mr Tidmarsh submitted that this was the minimum fine that this Committee should consider imposing on this occasion.
Mr Dunn stated that the incident in February was in a stakes race and a lesser fine was appropriate as the tonight’s race was only a $7000 race.
reasonsforpenalty:
The Penalty Guide provides for a starting point of 6 drives or $300. We are concerned that Mr Dunn allowed DUSKY EYRE to drift out the full length of the home straight. We accept he was concerned that he did not restrict the chances of his horse winning the race. But Ms Ottley was to his outside and she had no option but to follow DUSKY EYRE wider on the track. Had the margin been less, there may have been a protest. Mr Dunn’s obligation was to maintain as straight a course as possible and his actions continued to be inadequate in this regard. We believe a small uplift of $100 is appropriate to reflect this fact. This is balanced by a reduction of $100 for Mr Dunn’s record, which, when the Committee has regard to the number of drives, can only be described as excellent.
penalty:
We impose a fine of $300 and remind Mr Dunn of his obligations under both the regulations and the Rules.
hearing_type: Hearing
Rules: 869(4)(b)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr D Dunn - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 30c9f66895e983a358af058bdf64119d
race_expapproval:
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race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
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meetdate: 06/10/2016
meet_title: Forbury Park TC - 6 October 2016
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meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
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name: Forbury Park TC