NZ Metro TC – 17 January 2014 – R 6
ID: JCA12135
Meet Title:
NZ Metro TC - 17 January 2014
Meet Chair:
SChing
Meet Committee Member 1:
KHales
Race Date:
2014/01/17
Race Number:
R 6
Decision:
The charge was found to be proved.
Penalty:
Mr Dunn was fined the sum of $300.
Facts:
Following the running of Race 6, the Garrards Horse & Hound Premier Mares Championship, an information was filed by Stipendiary Steward, Mr S Renault, against Licensed Open Horseman, Mr J Dunn, alleging that Mr Dunn, as the driver of PEMBERTON SHARD in the race, “failed to drive PEMBERTON SHARD out over the concluding stages when having a reasonable chance of running 5th.”
Rule 863(3) reads as follows:
“Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running 1st, 2nd, 3rd, 4th, 5th or 6th.”
Mr Dunn had indicated on the Information that this breach of the Rules was admitted and he had also informed the Stewards that he did not wish to be present at the hearing.
Mr Renault gave evidence and used the video replays of the incident with the assistance of Co-Chief Stipendiary Steward, Mr N McIntyre, to show PEMBERTON SHARD, driven by Mr Dunn, in 5th position near the 40m, relax his drive and get beaten on the line by HELENA JET, driven by Mr R May. Mr McIntyre stated the official margin between 5th and 6th was a nose. Mr McIntyre stated that PEMBERTON SHARD was hanging out in the home straight but Mr Dunn was able to drive the horse out with the reins in the initial stages. He said there was no reason why he could not have continued on driving the horse out with the reins over the final stages. He said that Mr Dunn had a ½ length advantage on the 6th placed horse at the 40m and pointed out Mr Dunn looking to his inside with approximately 13m to run where he thought the only challenger was, but on the outer HELENA JET improved through to take 6th place on the line. Mr McIntyre submitted that Mr Dunn had misjudged the situation, however he said there was stake money for 5th placing with the owners being denied the chance for a better stake. He also said that the punters were not affected by Mr Dunn’s failure to drive his horse out.
Submissions for Penalty:
Mr Renault stated that Mr Dunn had 298 drives so far this season and had a clear record in regard to this Rule. He also stated that the owners were affected as there was a chance of a better stake, that being $880 for 5th instead of $640.50 for 6th placing. He said that the punters were not affected as 5th and 6th place were not dividend bearing positions. He stated that the breach was at the lower end and that the status of the race, Group 2, with a stake of $40,000 be taken into consideration. He submitted that a fine of $300 be considered as penalty for this breach.
Reasons for Penalty:
In determining penalty we have taken the starting point indicated in the JCA Penalty Guide of a $600 fine. Taking into consideration the status of the race and the possible affects to the owners in regard to the difference in stakes, $239.50, an uplift in the fine to $700 was proposed. Against this we took particular regard to the placing involved, where the betting public was not disadvantaged and the fact that the breach was at the lower level, we were able to give Mr Dunn a discount of $200. We were also able to give Mr Dunn a further discount of $200 for his good record and his admission of the breach. We therefore decided an appropriate penalty in this case was a fine of $300.
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: 36bc80cd74985163d742995ac196a76c
informantnumber: A6461
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to drive PEMBERTON SHARD out over the concluding stages when having a reasonable chance of running 5th.
plea: admitted
penaltyrequired: 1
decisiondate: 10/03/2014
hearing_title: NZ Metro TC - 17 January 2014 - R 6
charge:
facts:
Following the running of Race 6, the Garrards Horse & Hound Premier Mares Championship, an information was filed by Stipendiary Steward, Mr S Renault, against Licensed Open Horseman, Mr J Dunn, alleging that Mr Dunn, as the driver of PEMBERTON SHARD in the race, “failed to drive PEMBERTON SHARD out over the concluding stages when having a reasonable chance of running 5th.”
Rule 863(3) reads as follows:
“Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running 1st, 2nd, 3rd, 4th, 5th or 6th.”
Mr Dunn had indicated on the Information that this breach of the Rules was admitted and he had also informed the Stewards that he did not wish to be present at the hearing.
Mr Renault gave evidence and used the video replays of the incident with the assistance of Co-Chief Stipendiary Steward, Mr N McIntyre, to show PEMBERTON SHARD, driven by Mr Dunn, in 5th position near the 40m, relax his drive and get beaten on the line by HELENA JET, driven by Mr R May. Mr McIntyre stated the official margin between 5th and 6th was a nose. Mr McIntyre stated that PEMBERTON SHARD was hanging out in the home straight but Mr Dunn was able to drive the horse out with the reins in the initial stages. He said there was no reason why he could not have continued on driving the horse out with the reins over the final stages. He said that Mr Dunn had a ½ length advantage on the 6th placed horse at the 40m and pointed out Mr Dunn looking to his inside with approximately 13m to run where he thought the only challenger was, but on the outer HELENA JET improved through to take 6th place on the line. Mr McIntyre submitted that Mr Dunn had misjudged the situation, however he said there was stake money for 5th placing with the owners being denied the chance for a better stake. He also said that the punters were not affected by Mr Dunn’s failure to drive his horse out.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr Renault stated that Mr Dunn had 298 drives so far this season and had a clear record in regard to this Rule. He also stated that the owners were affected as there was a chance of a better stake, that being $880 for 5th instead of $640.50 for 6th placing. He said that the punters were not affected as 5th and 6th place were not dividend bearing positions. He stated that the breach was at the lower end and that the status of the race, Group 2, with a stake of $40,000 be taken into consideration. He submitted that a fine of $300 be considered as penalty for this breach.
reasonsforpenalty:
In determining penalty we have taken the starting point indicated in the JCA Penalty Guide of a $600 fine. Taking into consideration the status of the race and the possible affects to the owners in regard to the difference in stakes, $239.50, an uplift in the fine to $700 was proposed. Against this we took particular regard to the placing involved, where the betting public was not disadvantaged and the fact that the breach was at the lower level, we were able to give Mr Dunn a discount of $200. We were also able to give Mr Dunn a further discount of $200 for his good record and his admission of the breach. We therefore decided an appropriate penalty in this case was a fine of $300.
penalty:
Mr Dunn was fined the sum of $300.
hearing_type: Hearing
Rules: 868(3)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr J Dunn - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c0a469f661e86be2efc637734d857187
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 66a1d828b97bc2ad6af566b2fdddc903
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/01/2014
meet_title: NZ Metro TC - 17 January 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: KHales
meet_pm2: none
name: NZ Metro TC