Nelson HRC – 11 January 2009 – Race 9

Following the running of race nine on the programme, an Information was lodged against Mr D Dunn, the driver of Spero Denario, alleging a breach of Rule 858(b), in that he did not arrive at the starting point until one minute after the advertised start time.

Following the running of race nine on the programme, an Information was lodged against Mr D Dunn, the driver of Spero Denario, alleging a breach of Rule 858(b), in that he did not arrive at the starting point until one minute after the advertised start time.

Mr Dunn admitted the breach and was assisted at the hearing by Mr RT May.

In presenting his case, stipendiary steward Mr Ydgren explained the occurrence and referred to the Trackside film which recorded the time leading up to the start of the race. It showed the race was over a minute over the start time before Mr Dunn arrived at the start.

He asserted the race delay was attributable to Mr Dunn and, for clarification, the race starter Mr Peter Lamb confirmed to the committee the circumstances leading to the delayed start. Briefly summarised, he said that they were ready to go and Mr Dunn was still in the back straight, and they were well over time when Mr Dunn approached the start and he was fortunate he was able to catch up.

In his explanation, Mr Dunn said he admitted the breach because there was no doubt that he was late at the start but that there were a couple of reasons - one being that, with a change of gear, the horse played up down the back, and then held him up in the warm-up.

Invited to comment, Mr May acknowledged that Mr Dunn was late to the start but, in response to Mr Lamb blowing the whistle to warn of the start, asked Mr Dunn if he had heard the whistle. Mr Dunn indicated he hadn’t heard it all day, and Mr May conceded that he also had difficulty hearing the whistle from the starter.

With no further comment, and an admission of the breach, submissions were sought on penalty. Mr Ydgren recommended a fine in the order of $200.

Mr Dunn considered that was excessive and, given the number of drives he had had, indicated that he had not appeared, nor been warned, on a breach under this Rule. He said the horse had played up on him, and it was not deliberate.

In this case, Mr Dunn has admitted a breach of Rule 858(b) in that he did not arrive at the starting point with his horse, Spero Denario, until after the advertised start time.

We have had the situation explained, and heard Mr Dunn’s explanation. I don’t need to emphasise it is fundamental to be at the start at the correct start time, or it could cost the Club financially.

Mr Dunn said he had difficulty with his horse, and Mr May added that there may have been issues with hearing the whistle. The committee accepts that the delay was not deliberate but, whilst a junior driver, Mr Dunn is very experienced and should be well aware of both the start time, and that period leading up to the start of a race. And he should have been at the start sooner than he was in this case.

However, this is his first breach of this nature. Accepting the stipendiary steward’s recommendation as a starting point, and acknowledging the possible difficulties he may have experienced, I am satisfied a fine of $150.00 is appropriate in this instance, and so order.

P H Welch

Chairman