Archive Decision

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Forbury Park TC – 26 September 2008 – Race 2

ID: JCA20060

Hearing Type:
Old Hearing

Rules:
869.3.b

Hearing Type (Code):
harness-racing

Meet Title:
Forbury Park TC - 26 September 2008

Race Date:
2008/09/26

Race Number:
Race 2

Decision: This was an information laid by Mr Allison, stipendiary steward, alleging that Mr Dunn the driver of TOKO FLYER with some 2000 metres to run shifted inwards when insufficiently clear of MAKE IT BRIEF (A Suddaby) causing TOKO FLYER to break with resulting checks

This was an information laid by Mr Allison, stipendiary steward, alleging that Mr Dunn the driver of TOKO FLYER with some 2000 metres to run shifted inwards when insufficiently clear of MAKE IT BRIEF (A Suddaby) causing TOKO FLYER to break with resulting checks to ONYABIKE, IRISH JACK, KOPARE, RAVEN AVEROSS and CEDA STORM. Mr Dunn admitted the breach of R 869(3)(b). I thus find the charge proved.

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It is evident that Mr Dunn has made an error of judgement when making an inwards movement in allowing TOKO FLYER to touch the wheel of MAKE IT BRIEF.  I accept that TOKO FLYER, which was having its first start, may have over-reacted, indeed panicked to use Mr Dunn’s words, when it broke.  I also accept that Mr Dunn did all he could to keep clear of other runners as TOKO FLYER drifted wider on the track.  Unfortunately, however, the consequence was interference to a number of horses.  MAKE IT BRIEF also suffered interference due to the tyre separating from the cart and this interference was not due to the greenness of TOKO FLYER.

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I give Mr Dunn credit for his ready admission of the breach and what I would describe as a good record of only 2 breaches of the careless driving Rule this last calendar year, having regard to the fact that by my calculations he has had just under 1000 drives last season and this season so far.

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Mr Allison has asked for a 2 to 3 days’ suspension.  Mr Barron, on Mr Dunn’s behalf, has said a suspension would be harsh.  Mr Dunn asked for a fine.  He emphasised that, if Timaru, where drivers have been declared, is excluded, the next meeting is the premier night at Addington on Friday next.

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I view the breach as being mid-range.  Having regard to Mr Dunn’s plea and record, I believe the matter can be dealt with by way of a fine.  I fine Mr Dunn the sum of $750 and he is also reminded of his obligations under the Rules of Harness Racing.

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G Hall

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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: 6a4076f67727f57ea5f5fce50c1c0ff0


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 26/09/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Forbury Park TC - 26 September 2008 - Race 2


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

This was an information laid by Mr Allison, stipendiary steward, alleging that Mr Dunn the driver of TOKO FLYER with some 2000 metres to run shifted inwards when insufficiently clear of MAKE IT BRIEF (A Suddaby) causing TOKO FLYER to break with resulting checks

This was an information laid by Mr Allison, stipendiary steward, alleging that Mr Dunn the driver of TOKO FLYER with some 2000 metres to run shifted inwards when insufficiently clear of MAKE IT BRIEF (A Suddaby) causing TOKO FLYER to break with resulting checks to ONYABIKE, IRISH JACK, KOPARE, RAVEN AVEROSS and CEDA STORM. Mr Dunn admitted the breach of R 869(3)(b). I thus find the charge proved.

--

 

--

It is evident that Mr Dunn has made an error of judgement when making an inwards movement in allowing TOKO FLYER to touch the wheel of MAKE IT BRIEF.  I accept that TOKO FLYER, which was having its first start, may have over-reacted, indeed panicked to use Mr Dunn’s words, when it broke.  I also accept that Mr Dunn did all he could to keep clear of other runners as TOKO FLYER drifted wider on the track.  Unfortunately, however, the consequence was interference to a number of horses.  MAKE IT BRIEF also suffered interference due to the tyre separating from the cart and this interference was not due to the greenness of TOKO FLYER.

--

 

--

I give Mr Dunn credit for his ready admission of the breach and what I would describe as a good record of only 2 breaches of the careless driving Rule this last calendar year, having regard to the fact that by my calculations he has had just under 1000 drives last season and this season so far.

--

 

--

Mr Allison has asked for a 2 to 3 days’ suspension.  Mr Barron, on Mr Dunn’s behalf, has said a suspension would be harsh.  Mr Dunn asked for a fine.  He emphasised that, if Timaru, where drivers have been declared, is excluded, the next meeting is the premier night at Addington on Friday next.

--

 

--

I view the breach as being mid-range.  Having regard to Mr Dunn’s plea and record, I believe the matter can be dealt with by way of a fine.  I fine Mr Dunn the sum of $750 and he is also reminded of his obligations under the Rules of Harness Racing.

--

 

--

G Hall

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.3.b


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 24fdd8193804a2501555b6e2aa29da5d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 2


submittochair:


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race_pm2:


meetid: f8e3f48fd05c9c61b031c698035930e0


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/09/2008


meet_title: Forbury Park TC - 26 September 2008


meet_expappcomment:


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meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair:


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name: Forbury Park TC