Nelson HRC – 8 June 2008 – Race 2
ID: JCA20008
Hearing Type (Code):
harness-racing
Meet Title:
Nelson HRC - 8 June 2008
Race Date:
2008/06/08
Race Number:
Race 2
Decision:
Following the running of race two on the programme, an Information was lodged against Mr D Dunn, the driver of Madam Phoenix, alleging a breach of Rule 869(2)(a), in that he used the whip excessively on his horse during the run home.
Following the running of race two on the programme, an Information was lodged against Mr D Dunn, the driver of Madam Phoenix, alleging a breach of Rule 869(2)(a), in that he used the whip excessively on his horse during the run home.
----Mr Dunn denied the breach, and he was assisted by Mr B Orange.
----In presenting his evidence, Mr Ydgren referred to and read the published guidelines for use of the whip, before showing the video of the race. He pointed out the position of Mr Dunn (on Madam Phoenix) on the home turn, and then challenging on the outside, about a third of the way down the straight. He referred to Mr Dunn’s right-arm action, using the whip continuously 20 or 21 times in the run home, without respite, without a pause which, in his view, was excessive.
----Mr Ydgren conceded that not all the strikes were on the horse; some may have been fakes or on the sulky, but he said there is no distinction under the Rules and ‘use’ of the whip means just that. He said there are accepted, alternative measures in the guidelines and, in the stewards’ opinion, Mr Dunn’s use of the whip in this case is outside the Rules.
----In his submissions, Mr Dunn said he only got out late and he felt the head-on view did not support him. He said he couldn’t see 21 strikes and quite a few times he had only held the whip in the air and hardly used it, or used it only slightly.
----Mr Orange referred to Mr Dunn’s style which makes it look worse than it is by having a fake shot. He acknowledged what the Rules (guidelines) state but said that, after every second shot, Mr Dunn has broken his use by having a fake hit, in a similar style to Mr Anthony Butt, and this makes it worse than it actually is.
----To the chairman, Mr Orange said he counted 15 times Mr Dunn had touched the horse, and without vigour. In his view, he had not beaten up the horse aggressively or gone out in a vigorous manner; it hasn’t been a brutal attack on the horse. He said Mr Dunn was out there to do the best by the horse, and for the owners.
----In response, Mr Ydgren said that the stewards were not implying that Mr Dunn is an aggressive driver with the whip - and his record is testimony to that - but on this particular occasion he believed he had breached the Rules.
----Decision:
----In this case, Mr Dunn appears on a breach of Rule 869(2)(a) in that, as the driver of Madam Phoenix, he used his whip excessively during the run home.
----Evidence was given by the stipendiary stewards and Mr Dunn, assisted by Mr Orange, and the film was shown a number of times.
----Mr Dunn has been charged with using the whip excessively, and that simply means ‘too much’. Neither the Rules nor the guidelines differentiate between what is struck, and the definition in those guidelines is quite explicit.
----The stewards allege Mr Dunn, on challenging about a third of the way in the straight, used the whip 20-21 times without a break. I accept the comment, and this was supported by Mr Orange, that Mr Dunn may have feigned a few strikes in that ‘use’. However, I find the number of times it has been used in the straight to be excessive, and the word ‘use’ is emphasised.
----There is no suggestion, or evidence, that Mr Dunn struck the horse aggressively every time but I am satisfied that his ‘use’ of the whip, without a discernible break, has been excessive. Therefore I find the charge proved, and I will take submissions on penalty.
----Penalty:
----In respect to penalty, Mr Ydgren indicated that Mr Dunn had recently been warned on his use of the whip but, otherwise, his record was exemplary. He indicated that this was at the lower end of the scale, in that there was no malice or brutality, and it was perhaps more an error of judgement, and he recommended a monetary penalty in keeping with a first offence.
----Mr Orange, on behalf of Mr Dunn, said that Mr Dunn was still a junior driver and he agreed that this was at the lower end of the scale.
----The committee accepts that Mr Dunn’s actions were at the lower end. However, the use was excessive and Mr Dunn, a junior driver - though he is experienced - may benefit from adjusting the manner in which his whip is used. He inferred he hadn’t seen the guidelines and I’m sure the stipendiary stewards would ensure they were made available.
----This is a breach that could incur a monetary penalty or period of suspension but, given the submissions, I am satisfied a fine is appropriate. Accepting that it was at the lower end, and acknowledging his driving record, Mr Dunn is fined the sum of $200.00.
------
P H Welch
--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: 5fc8a003c2892e0dbd7a1d06dcf2a12d
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 08/06/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Nelson HRC - 8 June 2008 - Race 2
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of race two on the programme, an Information was lodged against Mr D Dunn, the driver of Madam Phoenix, alleging a breach of Rule 869(2)(a), in that he used the whip excessively on his horse during the run home.
Following the running of race two on the programme, an Information was lodged against Mr D Dunn, the driver of Madam Phoenix, alleging a breach of Rule 869(2)(a), in that he used the whip excessively on his horse during the run home.
----Mr Dunn denied the breach, and he was assisted by Mr B Orange.
----In presenting his evidence, Mr Ydgren referred to and read the published guidelines for use of the whip, before showing the video of the race. He pointed out the position of Mr Dunn (on Madam Phoenix) on the home turn, and then challenging on the outside, about a third of the way down the straight. He referred to Mr Dunn’s right-arm action, using the whip continuously 20 or 21 times in the run home, without respite, without a pause which, in his view, was excessive.
----Mr Ydgren conceded that not all the strikes were on the horse; some may have been fakes or on the sulky, but he said there is no distinction under the Rules and ‘use’ of the whip means just that. He said there are accepted, alternative measures in the guidelines and, in the stewards’ opinion, Mr Dunn’s use of the whip in this case is outside the Rules.
----In his submissions, Mr Dunn said he only got out late and he felt the head-on view did not support him. He said he couldn’t see 21 strikes and quite a few times he had only held the whip in the air and hardly used it, or used it only slightly.
----Mr Orange referred to Mr Dunn’s style which makes it look worse than it is by having a fake shot. He acknowledged what the Rules (guidelines) state but said that, after every second shot, Mr Dunn has broken his use by having a fake hit, in a similar style to Mr Anthony Butt, and this makes it worse than it actually is.
----To the chairman, Mr Orange said he counted 15 times Mr Dunn had touched the horse, and without vigour. In his view, he had not beaten up the horse aggressively or gone out in a vigorous manner; it hasn’t been a brutal attack on the horse. He said Mr Dunn was out there to do the best by the horse, and for the owners.
----In response, Mr Ydgren said that the stewards were not implying that Mr Dunn is an aggressive driver with the whip - and his record is testimony to that - but on this particular occasion he believed he had breached the Rules.
----Decision:
----In this case, Mr Dunn appears on a breach of Rule 869(2)(a) in that, as the driver of Madam Phoenix, he used his whip excessively during the run home.
----Evidence was given by the stipendiary stewards and Mr Dunn, assisted by Mr Orange, and the film was shown a number of times.
----Mr Dunn has been charged with using the whip excessively, and that simply means ‘too much’. Neither the Rules nor the guidelines differentiate between what is struck, and the definition in those guidelines is quite explicit.
----The stewards allege Mr Dunn, on challenging about a third of the way in the straight, used the whip 20-21 times without a break. I accept the comment, and this was supported by Mr Orange, that Mr Dunn may have feigned a few strikes in that ‘use’. However, I find the number of times it has been used in the straight to be excessive, and the word ‘use’ is emphasised.
----There is no suggestion, or evidence, that Mr Dunn struck the horse aggressively every time but I am satisfied that his ‘use’ of the whip, without a discernible break, has been excessive. Therefore I find the charge proved, and I will take submissions on penalty.
----Penalty:
----In respect to penalty, Mr Ydgren indicated that Mr Dunn had recently been warned on his use of the whip but, otherwise, his record was exemplary. He indicated that this was at the lower end of the scale, in that there was no malice or brutality, and it was perhaps more an error of judgement, and he recommended a monetary penalty in keeping with a first offence.
----Mr Orange, on behalf of Mr Dunn, said that Mr Dunn was still a junior driver and he agreed that this was at the lower end of the scale.
----The committee accepts that Mr Dunn’s actions were at the lower end. However, the use was excessive and Mr Dunn, a junior driver - though he is experienced - may benefit from adjusting the manner in which his whip is used. He inferred he hadn’t seen the guidelines and I’m sure the stipendiary stewards would ensure they were made available.
----This is a breach that could incur a monetary penalty or period of suspension but, given the submissions, I am satisfied a fine is appropriate. Accepting that it was at the lower end, and acknowledging his driving record, Mr Dunn is fined the sum of $200.00.
------
P H Welch
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8bd4829037184be4f671d50d72ab8364
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 92af24a32c805462df7e27398c14c050
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/06/2008
meet_title: Nelson HRC - 8 June 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Nelson HRC