Northern Southland TC – 4 April 2009 – Race 10
ID: JCA21206
Hearing Type (Code):
harness-racing
Meet Title:
Northern Southland TC - 4 April 2009
Race Date:
2009/04/04
Race Number:
Race 10
Decision: Rule 869 (3) (b) :
An information was lodged alleging that Mr D Dunn, driver of ROBYN’s CULLEN, shifted inwards with approximately 1300m to run and came into contact with HI GUN, driven by R M Tither, causing HI GUN to break and lose its position.
Rule 869 (3) (b) : An information was lodged alleging that Mr D Dunn, driver of ROBYN’s CULLEN, shifted inwards with approximately 1300m to run and came into contact with HI GUN, driven by R M Tither, causing HI GUN to break and lose its position.
--The stipendiary steward used videos to highlight the incident which caused Mr Tither’s horse HI GUN to break. It was alleged that Mr Dunn’s horse had ‘lugged in’ whilst attempting to pass and that in doing so Mr Tither’s horse had struck its rear right leg on Mr Dunn’s wheel.
--Stipendiary Steward Mr Allison was on duty at the top of the straight and he stated that in his opinion, Mr Dunn was not in the clear when the incident occurred.
Mr Tither stated that he felt Mr Dunn had tried to come over when not clear and that minimal contact had been made. He also stated that he had tried to initially hold the lead, but had given that away and was happy for Mr Dunn to take the lead. Mr Tither did not call out.
Mr Dunn said that he was only a neck in front, that his horse hung and that he told Mr Allison directly after the race that he would advise the trainer to use a pole. Mr Allison confirmed this.
--Mr J Dunn stated that Mr D Dunn’s horse had ‘ducked in’ and that Mr Dunn was doing his best to keep him out, arguing that the fault lay with the horse, not the driver.
Mr D Dunn said that he had no argument that contact happened to the horse’s leg from the cart but it was caused by his horse hanging. He stated that he had tried all he could to keep him out.
Stipendiary Steward Mr Knowles, in his summary, stated that it was up to Mr Dunn to keep his horse out. Mr Tither was giving him the lead, and he asked for the charge to be upheld.
DECISION
The committee found the charge proved. Before considering penalty Mr Dunn’s driving record was viewed, there being no similar charges since September 2008 (Mr Dunn had had many drives in that time).
Mr Knowles suggested that the incident was in the lower range and that a fine of between $250 - $300 would suffice.
PENALTY
The committee fined Mr Dunn the sum of $200 ($50 was deducted from the suggested $250 because the committee felt that the horse may have contributed to the incident.
A Dennis, Chair
J Eagles
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: 7b1364d909bf6eed4eae8bb5f083dcdd
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 04/04/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Northern Southland TC - 4 April 2009 - Race 10
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Rule 869 (3) (b) :An information was lodged alleging that Mr D Dunn, driver of ROBYN’s CULLEN, shifted inwards with approximately 1300m to run and came into contact with HI GUN, driven by R M Tither, causing HI GUN to break and lose its position.
Rule 869 (3) (b) : An information was lodged alleging that Mr D Dunn, driver of ROBYN’s CULLEN, shifted inwards with approximately 1300m to run and came into contact with HI GUN, driven by R M Tither, causing HI GUN to break and lose its position.
--The stipendiary steward used videos to highlight the incident which caused Mr Tither’s horse HI GUN to break. It was alleged that Mr Dunn’s horse had ‘lugged in’ whilst attempting to pass and that in doing so Mr Tither’s horse had struck its rear right leg on Mr Dunn’s wheel.
--Stipendiary Steward Mr Allison was on duty at the top of the straight and he stated that in his opinion, Mr Dunn was not in the clear when the incident occurred.
Mr Tither stated that he felt Mr Dunn had tried to come over when not clear and that minimal contact had been made. He also stated that he had tried to initially hold the lead, but had given that away and was happy for Mr Dunn to take the lead. Mr Tither did not call out.
Mr Dunn said that he was only a neck in front, that his horse hung and that he told Mr Allison directly after the race that he would advise the trainer to use a pole. Mr Allison confirmed this.
--Mr J Dunn stated that Mr D Dunn’s horse had ‘ducked in’ and that Mr Dunn was doing his best to keep him out, arguing that the fault lay with the horse, not the driver.
Mr D Dunn said that he had no argument that contact happened to the horse’s leg from the cart but it was caused by his horse hanging. He stated that he had tried all he could to keep him out.
Stipendiary Steward Mr Knowles, in his summary, stated that it was up to Mr Dunn to keep his horse out. Mr Tither was giving him the lead, and he asked for the charge to be upheld.
DECISION
The committee found the charge proved. Before considering penalty Mr Dunn’s driving record was viewed, there being no similar charges since September 2008 (Mr Dunn had had many drives in that time).
Mr Knowles suggested that the incident was in the lower range and that a fine of between $250 - $300 would suffice.
PENALTY
The committee fined Mr Dunn the sum of $200 ($50 was deducted from the suggested $250 because the committee felt that the horse may have contributed to the incident.
A Dennis, Chair
J Eagles
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a10d443022256aee5eb8a9b17a8a5a79
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 601c3cb12892442d28f4598bc3789a57
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/04/2009
meet_title: Northern Southland TC - 4 April 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: northern-southland-tc
meet_racingtype: harness-racing
meet_chair:
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meet_pm2:
name: Northern Southland TC