NZ Metro TC 7 July 2017 – R 8 (heard 14 July 2017 at Addington) – Chair, Mr R G McKenzie

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startdate: 07/07/2017

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hearing_title: NZ Metro TC 7 July 2017 - R 8 (heard 14 July 2017 at Addington) - Chair, Mr R G McKenzie

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Decision:

ADJOURNED RACEDAY JUDICIAL COMMITTEE DECISION

Informant: S P Renault, Stipendiary Steward

Respondent: D J Dunn, Licensed Open Driver

Information No: A09619

Meeting: New Zealand Metropolitan Trotting Club

Date: 7 July 2017 (heard 14 July 2017)

Venue: Addington Raceway, Christchurch

Race: 8

Rule No: 869(2)(a)

Judicial Committee: R G McKenzie, Chairman – D J Anderson, Committee Member

Decision date: 14 July 2017

FACTS:

Following the running of Race 8, Woodlands Stud Handicap Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr D J Dunn alleging that Mr Dunn, as the driver of ALPHA ROCK in the race, “used his whip in an excessive manner over the final 400 metres”.

The information was lodged with the Judicial Committee on racenight and adjourned. It was heard at the meeting of New Zealand Metropolitan TC on 14 July 2017.

Mr Dunn was present at the hearing of the information. He acknowledged that he understood the charge and indicated that the breach was admitted.

Rule 869 provides as follows:

(2) No horseman shall during any race:-

(a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:

The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

SUBMISSION(S):

Mr Ydgren, Chief Stipendiary Steward, pointed out on a video replay ALPHA ROCK, driven by Mr Dunn, racing 4th in the one-one position as the field approached the final straight. Just prior to the turn, Mr Dunn angled the horse out 3-wide for a run and, after straightening, he used his whip free of the rein, Mr Ydgren submitted, on twelve occasions.

Mr Ydgren said that the use of the whip was not continuous or with any force. It was a low-level breach of the Rule, he said.

Mr Dunn said that it was clear that he had exceeded 10 strikes and he did not wish to add anything further.

DECISION:

Mr Dunn having admitted the breach, the charge was found proved.

PENALTY SUBMISSIONS:

Mr Ydgren informed the Committee that Mr Dunn had been fined $300 for a breach of the Rule at Nelson on 15 January 2017. The Penalty Guide starting point for a 2nd breach within 6 months was a 3-5 days suspension, he said. To be consistent, the Stewards were seeking a suspension.

However, he submitted that the Committee should consider that the 6 months reset period had almost expired – it would have expired on 15th July. In that time, Mr Dunn has had a “staggering amount” of drives. For the number of drives that he has, Mr Dunn has an excellent record, Mr Ydgren said. In those circumstances, Stewards would have no objection to a fine instead of a suspension. He submitted that, if a fine were to be imposed, an uplift in the starting point should be applied and that Mr Dunn then be given credit for his admission of the breach and the low-end nature of the breach.

Mr Dunn said that he would prefer a fine. He stressed that the 6 months period since the previous breach had all but expired. He asked the Committee to also have regard to the number of drives that he has in that period since his last breach – more than a lot of drivers have in a year, he submitted. He estimated that number at 700.

PENALTY REASONS:

Mr Dunn committed a breach of the whip Rule on 15th January 2017. The present breach occurred one week prior to the date on which the 6 months reset period would have applied making the breach, technically, a second breach in terms of the Penalty Guide.

The “Introduction” to the Penalty Guide (effective 1 May 2015) provides:

The guidelines as to penalty are just that: they are not intended to override the discretion that is vested by the Rules in raceday judicial committees. However, in the interests of consistency and fairness committees are expected to operate within the guidelines unless the committee has good reason to believe that the case before it has some special characteristic that justifies the imposition of a penalty greater or lesser than that suggested by the guidelines.”

This season, Mr Dunn has had 1039 drives to date and, in 7 of the last 8 seasons, he has had more than 1,000 drives (from HRNZ database). So, we can fairly estimate, since the breach in January Mr Dunn would have had, conservatively, 500-plus drives. Mr Dunn estimated 700, as he said he had not driven in New Zealand for a couple of months in the first half of the season.

The Committee believed that it would be harsh on Mr Dunn to treat him as a repeat offender in the circumstances we have outlined. It is more relevant, when looking at penalty in this case, to consider the number of drives since the last breach rather than the time elapsed since that breach. Added to that is the fact that the six months period was only a week short of being reset. We believe that there is “some special characteristic” in this case.

We believe that, in the circumstances, this breach can adequately be dealt with by way of a fine. In determining the amount of that fine, we have taken the starting point of a $500 fine (for a first breach). We have increased the starting point by $100 to $600 for a second breach but have reduced it back to $500 for the low level nature of the breach (11 strikes, not continuous and not forceful). Mr Dunn has admitted the breach which warrants a discount of $100 from the $500 starting point arrived at as above.

PENALTY:

Mr Dunn is fined the sum of $400.

R G McKenzie     D J Anderson

CHAIRMAN        COMMITTEE MEMBER

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hearing_type: Old Hearing

Rules: 869(2)(a)

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