Forbury Park TC – 9 April 2009 –

hearingid: 5e49b311b3e627b7d2df39e2a61cb891

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 09/04/2009

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Forbury Park TC - 9 April 2009 -

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Following the running of Race 4, Forbury Function Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Junior Driver, Mr D J Dunn, alleging a breach of Rule 869 (3) (b )in that he “allowed his drive BAN ON THE RUN to strike the sulky of the horse in  front of him TELEMECANIQUE”.

Following the running of Race 4, Forbury Function Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Junior Driver, Mr D J Dunn, alleging a breach of Rule 869 (3) (b )in that he “allowed his drive BAN ON THE RUN to strike the sulky of the horse in  front of him TELEMECANIQUE”.

Mr Dunn was present at the hearing of the information and did not admit the breach. He was assisted at the hearing by Licensed Open Driver, Mr K M Barron.

Mrs Williams sought leave to rely on the evidence adduced at the earlier protest hearing. She submitted that it was clear from the videos that BAND ON THE RUN had struck the sulky of the horse in front. At the time, the horse did not appear to be over racing or hanging. Mrs Williams acknowledged that, when the incident occurred, Mr Dunn did take a hold of the horse. The horse appeared to get its head round and race unkindly at that stage but Mr Dunn had already allowed himself to get into that position. Mr Dunn was aware of the horse’s racing tendencies.

Mr Dunn agreed that, at the top of the straight, the horse was racing kindly. When the horse that was “parked” got up outside him, he wanted to race it. He pointed out his horse’s head just prior to the incident get “higher and higher” and, also, it tended to run away from the boring pole. The horse had also galloped at its last start. On this occasion, it just over raced. He put the total incident down to the horse. It was a big, immature horse. He believed that he did everything he could. It would be unfair to blame the incident on the driver, Mr Dunn said.

Mr Barron said that the horse appeared to be a “very aggressive horse”. When the horse took the trail, it was very manageable but, when attacked by two horses on its outside, it had tried to go forward where there was no room. He also submitted that the leader might have come back slightly.

Mrs Williams submitted that Mr Dunn could be seen on the video replay to look around on two occasions prior to the incident. She submitted that he was not paying due care and attention. Mr Dunn said that he looked around once, about 120 metres before the incident.

After a deliberation, the Committee delivered the following oral decision:
“The Committee has listened to the evidence of the parties and has carefully viewed the video replays of the incident with approximately 1200 metres to run in Race 4. We find that BAND ON THE RUN, driven by Mr Dunn, was trailing the leader TELEMECANIQUE when it’s struck the sulky of TELEMECANIQUE. That is not disputed by Mr Dunn. What Mr Dunn said is that his horse got its head up and began to over race when two horses improved on its outside. He said that the horse was a big, immature horse having its second race start and he submitted that the fault for what happened was completely with the horse. The Committee does not agree. It is our finding that BAND ON THE RUN was travelling kindly prior to the incident and that it was the result of a momentary lapse of concentration by Mr Dunn in that he allowed the horse to strike the sulky of TELEMECANIQUE. The Committee accepts that the horse did begin to over race slightly but a reasonably prudent driver would have avoided the incident that ensued. We find that Mr Dunn drove carelessly in allowing his horse to strike the sulky of TELEMECANIQUE and, therefore, we find the charge to be proved”.

Mrs Williams informed the Committee that Mr Dunn is a very experienced driver. He has driven 224 winners from a total of about 1,700 drives. On 4 April 2009, he was fined the sum of $200 for careless driving at the Northern Southland meeting. It had to be taken into account that several runners in the race had lost their chances, Mrs Williams said. The Stewards were seeking a fine of $300-$400.

Mr Dunn said that, prior to the charge on 4 April last; his last charge was in September 2008. He estimated that, since then, he would have had 700 drives. He submitted that that was a “pretty good record”. Most drivers would not have 700 drives in two seasons of driving. Mr Dunn also referred to the manners of the horse as a contributing factor. In addition, he pointed out; the stake for the race was only $6,000. He felt a fine of $250 would be appropriate.

The Committee delivered the following oral decision in relation to penalty:
The mitigating factors in this case, as we see them, are Mr Dunn’s good driving record taking into account the number of drives that he has had. Nevertheless, we do need to acknowledge the recent fine which was as recently as 4 April for a breach of the same Rule.
The second mitigating factor is that we acknowledge the immaturity and inexperience of the horse, BAND ON THE RUN. Against those there are the aggravating factors – one is that several other runners had their chances affected and one runner lost its chance in the race and the other principal aggravating factor is the fact that we do have to have regard to the fact that, as a result of Mr Dunn’s actions, the horse was relegated from 1st placing with the obvious consequential effects.
Weighing these matters up, the Committee has decided that Mr Dunn will be fined the sum of $325.  

R G McKenzie
CHAIRMAN

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869.3

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: