Methven TC – 10 October 2010 – R 7
ID: JCA20982
Hearing Type (Code):
harness-racing
Meet Title:
Methven TC - 10 October 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/10/10
Race Number:
R 7
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: N G McIntyre, Stipendiary Steward
--Defendant: J R Dunn, Licensed Open Driver
--Information No: 69345
--Meeting: Methven Trotting Club
--Date: 10 October 2010
--Venue: Methven Racecourse
--Race: 7
--Rule No: 869 (2) (a)
--Judicial Committee: R G McKenzie, Chairman – P J Rosanowski, Committee Member
--Plea: Admitted
----
FACTS:
--Following the running of Race 7, Mountain River Processors Methven Cup Handicap Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr J R Dunn, alleging a breach of Rule 869 (2) (a) in that as the driver of NIRAADI in the race, he “used his whip excessively in the run home”.
----
Mr Dunn was present at the hearing of the information and he indicated that he admitted the breach.
----
Rule 869 provides as follows:
--(2) No horseman shall during any race:-
--(a) use his whip in an unnecessary, excessive or improper manner.
----
SUBMISSION(S):
--Mr McIntyre said the Stewards were alleging that Mr Dunn, as the driver of NIRAADI in Race 6, used his whip 19 times, “with very little pause”, in the run home. He showed a video replay of the final 200-300 metres of the race which supported his allegation. Mr Dunn did not dispute the allegation.
----
REASON(S):
--The Committee was satisfied that Mr Dunn had used his whip excessively, as alleged. The Committee also noted Mr Dunn’s admission of the breach.
----
DECISION:
--The charge was found proved.
----
SUBMISSION(S) ON PENALTY:
--Mr McIntyre informed the Committee that Mr Dunn had a clear record over the previous 12 months period. He said that, in the 2009/2010 season, Mr Dunn had a total of 676 drives and, in the current season to date, 94 drives. Mr McIntyre submitted that the “standard fine” for a breach of the Rule is $200 in cases where the breach is admitted and the defendant has a good record. He recommended a fine of $250 in this case having regard to the status of the race and the stake payable – a Group 3 race for a stake of $35,000.
----
Mr Dunn had no submissions to make in relation to penalty.
----
REASONS:
--In determining penalty, the Committee took into account Mr Dunn’s very frank admission of the breach and his previous good record. However, the Committee agreed with, and took into account, Mr McIntyre’s submission regarding the status of the race and the stake payable. The Committee is entitled to take these matters into account pursuant to Rule 1114 (2) (a) & (b).
----
PENALTY:
--Mr Dunn was fined the sum of $250.
----
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: 8978222ab7220c4425694d1807182c18
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 10/10/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Methven TC - 10 October 2010 - R 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: N G McIntyre, Stipendiary Steward
--Defendant: J R Dunn, Licensed Open Driver
--Information No: 69345
--Meeting: Methven Trotting Club
--Date: 10 October 2010
--Venue: Methven Racecourse
--Race: 7
--Rule No: 869 (2) (a)
--Judicial Committee: R G McKenzie, Chairman – P J Rosanowski, Committee Member
--Plea: Admitted
----
FACTS:
--Following the running of Race 7, Mountain River Processors Methven Cup Handicap Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr J R Dunn, alleging a breach of Rule 869 (2) (a) in that as the driver of NIRAADI in the race, he “used his whip excessively in the run home”.
----
Mr Dunn was present at the hearing of the information and he indicated that he admitted the breach.
----
Rule 869 provides as follows:
--(2) No horseman shall during any race:-
--(a) use his whip in an unnecessary, excessive or improper manner.
----
SUBMISSION(S):
--Mr McIntyre said the Stewards were alleging that Mr Dunn, as the driver of NIRAADI in Race 6, used his whip 19 times, “with very little pause”, in the run home. He showed a video replay of the final 200-300 metres of the race which supported his allegation. Mr Dunn did not dispute the allegation.
----
REASON(S):
--The Committee was satisfied that Mr Dunn had used his whip excessively, as alleged. The Committee also noted Mr Dunn’s admission of the breach.
----
DECISION:
--The charge was found proved.
----
SUBMISSION(S) ON PENALTY:
--Mr McIntyre informed the Committee that Mr Dunn had a clear record over the previous 12 months period. He said that, in the 2009/2010 season, Mr Dunn had a total of 676 drives and, in the current season to date, 94 drives. Mr McIntyre submitted that the “standard fine” for a breach of the Rule is $200 in cases where the breach is admitted and the defendant has a good record. He recommended a fine of $250 in this case having regard to the status of the race and the stake payable – a Group 3 race for a stake of $35,000.
----
Mr Dunn had no submissions to make in relation to penalty.
----
REASONS:
--In determining penalty, the Committee took into account Mr Dunn’s very frank admission of the breach and his previous good record. However, the Committee agreed with, and took into account, Mr McIntyre’s submission regarding the status of the race and the stake payable. The Committee is entitled to take these matters into account pursuant to Rule 1114 (2) (a) & (b).
----
PENALTY:
--Mr Dunn was fined the sum of $250.
----
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(2)(a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9d1f2c3da2d2b350d403f9f7435490e5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 487c7162e0ae7b21c2c901e7230edbe1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/10/2010
meet_title: Methven TC - 10 October 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Methven TC