NZ Metro TC 15 May 2015 – R 7
ID: JCA15645
Meet Title:
NZ Metro TC - 15 May 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
KHales
Race Date:
2015/05/15
Race Number:
R7
Decision:
Mr Dunn having admitted the breach, the charge was found proved.
Penalty:
Mr Dunn was fined the sum of $250.00
Facts:
Following the running of Race 7, Lone Star Riccarton Sires’ Stakes Series No.32 2YO Trot Final (Group 2), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr J R Dunn, alleging that Mr Dunn, as the driver of MOTU GREAT SENSATION in the race, “allowed MOTU GREAT SENSATION to start from the incorrect barrier position”.
Mr Dunn was not present at the hearing of the information but he had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr McIntyre confirmed that Mr Dunn did not wish to be present at the hearing.
Rule 862 provides as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860 (8).
Mr McIntyre pointed out MOTU GREAT SENSATION, driven by Mr Dunn, wearing saddlecloth No.5, approaching the start. However, Mr McIntyre said, the horse that had drawn barrier position 3 in the 1950 metres mobile start event (DEVA JONES), had been scratched. Mr Dunn should, therefore, have started from barrier position 4 and not 5, Mr McIntyre said.
Mr McIntyre pointed out THE FOX (D D Nyhan), which had been drawn to follow Mr Dunn from barrier position 4 on the second row, in its correct position. Mr McIntyre showed a video replay of the field at the starting point. All of the runners in the second row were in their correct positions but there was a space in barrier position 4 on the front row where Mr Dunn should have been. Mr Nyhan was able to take advantage of this after the start, Mr McIntyre said.
Mr McIntyre submitted that the breach had no real effect on any of the runners other than THE FOX, which was able to secure a run through from the second line (the Committee noted that THE FOX was unplaced). However, a driver is expected to know which barrier position he is to start from, Mr McIntyre said. Mr Dunn’s explanation to the Stewards was that he had been following the horse that had drawn barrier position 6 (ARRANNALEA) and he had followed it out, Mr McIntyre said.
Submissions for Penalty:
Mr McIntyre referred to the Penalty Guide which provided a starting point of a $400 fine. Mr Dunn was a very busy driver, he said, and had no previous breaches of the Rule. In the current season, to date, Mr Dunn has had 574 drives and, in the 2013/2014 season, had 688 drives.
Mr McIntyre pointed out that the race was a “major race”, with stakes of $40,000 or more, as defined in the Penalty Guide (the race was a Group 2 race for a total stake of $60,000) and submitted that this should be reflected in the penalty. He submitted that a fine of $250 would be an appropriate penalty.
Reasons for Penalty:
The Committee took, as a starting point in determining penalty, the starting point as suggested in the Penalty Guide – 8 drives or a $400 fine. We took, as mitigating factors, Mr Dunn’s excellent record, his admission of the breach and that he gained no advantage and neither was any other runner affected. The Committee considered that these factors warranted a discount of $200 from the starting point. The Committee also noted that each of three other breaches of the Rule, of which it was aware, had been dealt with by a $200 fine.
The “major race” factor was an aggravating one which, in the Committee’s view, justified an uplift from the $200 so arrived at. The Committee fixed that uplift at $50.
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: bf22859149b55f06a98469722fb4a8d3
informantnumber: A6192
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Starting From Incorrect Barrier Position
plea: admitted
penaltyrequired: 1
decisiondate: 20/05/2015
hearing_title: NZ Metro TC 15 May 2015 - R 7
charge:
facts:
Following the running of Race 7, Lone Star Riccarton Sires’ Stakes Series No.32 2YO Trot Final (Group 2), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr J R Dunn, alleging that Mr Dunn, as the driver of MOTU GREAT SENSATION in the race, “allowed MOTU GREAT SENSATION to start from the incorrect barrier position”.
Mr Dunn was not present at the hearing of the information but he had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr McIntyre confirmed that Mr Dunn did not wish to be present at the hearing.
Rule 862 provides as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860 (8).
Mr McIntyre pointed out MOTU GREAT SENSATION, driven by Mr Dunn, wearing saddlecloth No.5, approaching the start. However, Mr McIntyre said, the horse that had drawn barrier position 3 in the 1950 metres mobile start event (DEVA JONES), had been scratched. Mr Dunn should, therefore, have started from barrier position 4 and not 5, Mr McIntyre said.
Mr McIntyre pointed out THE FOX (D D Nyhan), which had been drawn to follow Mr Dunn from barrier position 4 on the second row, in its correct position. Mr McIntyre showed a video replay of the field at the starting point. All of the runners in the second row were in their correct positions but there was a space in barrier position 4 on the front row where Mr Dunn should have been. Mr Nyhan was able to take advantage of this after the start, Mr McIntyre said.
Mr McIntyre submitted that the breach had no real effect on any of the runners other than THE FOX, which was able to secure a run through from the second line (the Committee noted that THE FOX was unplaced). However, a driver is expected to know which barrier position he is to start from, Mr McIntyre said. Mr Dunn’s explanation to the Stewards was that he had been following the horse that had drawn barrier position 6 (ARRANNALEA) and he had followed it out, Mr McIntyre said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Dunn having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre referred to the Penalty Guide which provided a starting point of a $400 fine. Mr Dunn was a very busy driver, he said, and had no previous breaches of the Rule. In the current season, to date, Mr Dunn has had 574 drives and, in the 2013/2014 season, had 688 drives.
Mr McIntyre pointed out that the race was a “major race”, with stakes of $40,000 or more, as defined in the Penalty Guide (the race was a Group 2 race for a total stake of $60,000) and submitted that this should be reflected in the penalty. He submitted that a fine of $250 would be an appropriate penalty.
reasonsforpenalty:
The Committee took, as a starting point in determining penalty, the starting point as suggested in the Penalty Guide – 8 drives or a $400 fine. We took, as mitigating factors, Mr Dunn’s excellent record, his admission of the breach and that he gained no advantage and neither was any other runner affected. The Committee considered that these factors warranted a discount of $200 from the starting point. The Committee also noted that each of three other breaches of the Rule, of which it was aware, had been dealt with by a $200 fine.
The “major race” factor was an aggravating one which, in the Committee’s view, justified an uplift from the $200 so arrived at. The Committee fixed that uplift at $50.
penalty:
Mr Dunn was fined the sum of $250.00
hearing_type: Hearing
Rules: 862(2)
Informant: N G McIntyre, Co-Chief Stipendiary Steward
JockeysandTrainer: J R Dunn, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e2b26d7f108e88a741371156a8ff003c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 026ffa3b160442f6ac022da4e69aab2f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/05/2015
meet_title: NZ Metro TC - 15 May 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: KHales
meet_pm2: none
name: NZ Metro TC