NZ Metro TC – 16 November 2007 – Race 4
ID: JCA18568
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 16 November 2007
Race Date:
2007/11/16
Race Number:
Race 4
Decision: --
Following the running of Race 4, Duty Free Stores New Zealand Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Public Trainer, Mr R J Dunn, alleging that Mr Dunn "presented and raced CORKA DREAM (trained by him) without the identical gear it raced in on Cup Day
--
DECISION AND REASONS:
--Following the running of Race 4, Duty Free Stores New Zealand Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Public Trainer, Mr R J Dunn, alleging that Mr Dunn "presented and raced CORKA DREAM (trained by him) without the identical gear it raced in on Cup Day (13 November) therefore inside the 12 days’ notification period".
----Mr Dunn was present at the hearing of the information and did not admit the breach.
----Mr McIntyre stated that CORKA DREAM was presented in the birdcage on Cup Day in a nasal strip and was presented on this day without one. Mr Dunn had not notified the change as required by the Rules.
----Mr Dunn explained that he had two horses in Race 4. He had put a nasal strip on CORKA DREAM. Driver, R T May, who was to drive Mr Dunn’s other runner, had not notified Mr Dunn that he was driving in a pony race. He had put CORKA DREAM in the cart first because the other horse tended to be fractious. He was not aware that CORKA DREAM had rubbed the nasal strip off as he had been preoccupied with his other runner, MYSTIC RIVER. When he discovered that the nasal strip on CORKA DREAM had been rubbed off, he attempted to put another strip on but it would not stick as the horse had sweated up. He was also talking to some owners of a runner he had had in the previous race. In the meantime, CORKA DREAM had left the birdcage but Mr Dunn had to wait with MYSTIC RIVER for Mr May who was late. He stated that he simply did not have time to inform the Stipendiary Stewards. However, while CORKA DREAM did not race in a nasal strip, the horse did have one on initially.
----Mr McIntyre stated that no action would have been taken against Mr Dunn had he informed the Stewards of the situation.
----Following a deliberation, the Committee delivered the following oral decision:
--"Mr Dunn has denied a charge of presenting CORKA DREAM, trained by him, in the assembly area and racing the horse without the identical gear that it raced in on Cup Day – therefore, inside the 12-day period provided in the Rule. Mr McIntyre said that CORKA DREAM raced on Cup Day in a nasal strip but not today, in breach of the Rule. Mr Dunn did not dispute that and based his defence to the charge on his submission that he had put a nasal strip on the horse in the stabling area but, because of a combination of circumstances, the horse had rubbed the nasal strip off and when he noticed it and attempted to put another one on it failed to adhere. So, he had little option but to race the horse without a nasal strip and it was a pity that he did not advise the Stipendiary Stewards of the situation. Had he done so, he would, almost certainly, not have been charged. The elements of the Rule have been made out, in the view of this Committee. The offence is one of strict liability – that is to say, fault does not have to be proved. The submissions put forward by Mr Dunn did not amount to a defence to the charge. The charge, accordingly, is found proved".
----Mr McIntyre said that Mr Dunn is a professional trainer and has a good record as far as not breaching the gear Rules is concerned. He had many runners racing over the Cup carnival. Mr McIntyre recommended a fine of $100.
----The Committee was satisfied that a fine of $100 was appropriate given Mr McIntyre’s recommendation and Mr Dunn’s explanation from which it was apparent that the breach not a deliberate one or arise out of indifference on Mr Dunn’s part.
----Mr Dunn was fined the sum of $100.
----R G McKenzie
----CHAIRMAN
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: 08d6e5e19338f0bbd03766acceac8e8c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 16/11/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 16 November 2007 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 4, Duty Free Stores New Zealand Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Public Trainer, Mr R J Dunn, alleging that Mr Dunn "presented and raced CORKA DREAM (trained by him) without the identical gear it raced in on Cup Day
--
DECISION AND REASONS:
--Following the running of Race 4, Duty Free Stores New Zealand Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Public Trainer, Mr R J Dunn, alleging that Mr Dunn "presented and raced CORKA DREAM (trained by him) without the identical gear it raced in on Cup Day (13 November) therefore inside the 12 days’ notification period".
----Mr Dunn was present at the hearing of the information and did not admit the breach.
----Mr McIntyre stated that CORKA DREAM was presented in the birdcage on Cup Day in a nasal strip and was presented on this day without one. Mr Dunn had not notified the change as required by the Rules.
----Mr Dunn explained that he had two horses in Race 4. He had put a nasal strip on CORKA DREAM. Driver, R T May, who was to drive Mr Dunn’s other runner, had not notified Mr Dunn that he was driving in a pony race. He had put CORKA DREAM in the cart first because the other horse tended to be fractious. He was not aware that CORKA DREAM had rubbed the nasal strip off as he had been preoccupied with his other runner, MYSTIC RIVER. When he discovered that the nasal strip on CORKA DREAM had been rubbed off, he attempted to put another strip on but it would not stick as the horse had sweated up. He was also talking to some owners of a runner he had had in the previous race. In the meantime, CORKA DREAM had left the birdcage but Mr Dunn had to wait with MYSTIC RIVER for Mr May who was late. He stated that he simply did not have time to inform the Stipendiary Stewards. However, while CORKA DREAM did not race in a nasal strip, the horse did have one on initially.
----Mr McIntyre stated that no action would have been taken against Mr Dunn had he informed the Stewards of the situation.
----Following a deliberation, the Committee delivered the following oral decision:
--"Mr Dunn has denied a charge of presenting CORKA DREAM, trained by him, in the assembly area and racing the horse without the identical gear that it raced in on Cup Day – therefore, inside the 12-day period provided in the Rule. Mr McIntyre said that CORKA DREAM raced on Cup Day in a nasal strip but not today, in breach of the Rule. Mr Dunn did not dispute that and based his defence to the charge on his submission that he had put a nasal strip on the horse in the stabling area but, because of a combination of circumstances, the horse had rubbed the nasal strip off and when he noticed it and attempted to put another one on it failed to adhere. So, he had little option but to race the horse without a nasal strip and it was a pity that he did not advise the Stipendiary Stewards of the situation. Had he done so, he would, almost certainly, not have been charged. The elements of the Rule have been made out, in the view of this Committee. The offence is one of strict liability – that is to say, fault does not have to be proved. The submissions put forward by Mr Dunn did not amount to a defence to the charge. The charge, accordingly, is found proved".
----Mr McIntyre said that Mr Dunn is a professional trainer and has a good record as far as not breaching the gear Rules is concerned. He had many runners racing over the Cup carnival. Mr McIntyre recommended a fine of $100.
----The Committee was satisfied that a fine of $100 was appropriate given Mr McIntyre’s recommendation and Mr Dunn’s explanation from which it was apparent that the breach not a deliberate one or arise out of indifference on Mr Dunn’s part.
----Mr Dunn was fined the sum of $100.
----R G McKenzie
----CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bb31747db2f2547188439d0f59058084
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
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race_pm2:
meetid: 707b2f12934fbf240151724456506b26
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/11/2007
meet_title: NZ Metro TC - 16 November 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC