Manukau TC – 20 May 2010 – R 6

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hearing_title: Manukau TC - 20 May 2010 - R 6

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr BJ Van Kan

Defendant:  Mr DJ Dunn

Information No:  68623

Meeting:  Manukau Trotting Club

Date:  20 May 2010

Venue:  Alexandra Park Raceway, Auckland

Race:  6

Rule No:  8654

Judicial Committee:  BJ Scott Chairman, - GR Jones, Committee Member

Plea:  Admitted

Also Present:  Stipendiary Steward Mr JM Muirhead and Mr DJ Dunn

CHARGES:   

An Information was initially lodged by Stipendiary Steward Mr BJ Van Kan alleging that Trainer C Dalgety presented Anvils Never Easy in the Assembly Area to race without the notified Pull down Blinds.  As a result of an application by Stipendiary Steward Mr JM Muirhead the Information was amended to show Mr DJ Dunn as the Defendant on the basis that Mr Dunn was the person in control of the horse.

Rule 865(4) states “ The Trainer and/or person in control of a horse shall present such horse in the Assembly Area with the same or identical gear, or with such different gear as has been notified as required by the forgoing provisions of this Rule”.

FACTS:

The Information was initially lodged showing Mr Dalgety as the Defendant and on his behalf Mr Dunn admitted the breach and advised this Committee that he did not wish to be present at the hearing.  Mr Van Kan submitted that a fine of $100.00 was appropriate.

The Committee however viewed Mr Dalgety’s record in regards to charges under Rule 865(4) and noted that Mr Dalgety had had five such charges in the last six months.  Mr Dalgety had also admitted a charge of Rule 865(2) on the 7^th May 2010 at Auckland and for that he was ordered to pay a fine of $200.00. 

In this instance therefore the Committee considered that the find submitted by Mr Van Kan was not appropriate and the Stipendiary Stewards were asked to formally prove this charge because the Committee was proposing to impose a higher fine.

Mr Muirhead as Chief Stipendiary Steward at Alexandra Park asked that both Mr Dunn and he be heard in regards to the matter.

The Committee considered this to be appropriate.

Mr Muirhead advised this Committee that Anvils Never Easy did not race with the notified pull down Blinds.  He said that he had spoken to Mr Dunn and Mr Dunn had acknowledged his mistake.  He also told the Committee that Mr Dalgety was not present at the meeting and Mr Dunn was in charge of the Dalgety horses.

Mr Muirhead said that Mr Dalgety as Trainer was responsible but that the Committee should hear from Mr Dunn.

Mr Dunn for his part said that he was busy driving all night and that he had a person helping him with the horses who put the gear on them.  He said that because there were 25 minute intervals between the races for most of the night that he was very busy with the driving.  This Committee did take the opportunity to point out to him that although he had a drive for another Trainer in Race 4 he did not have a drive in Race 5 and Anvils Never Easy was in Race 6.

Mr Dunn said that when he went to get the horse to drive it he noticed that it was not wearing the pull down Blinds and he said that at the same time he heard the announcement calling horses into the Assembly Area to go out onto the track.  He believed that he did not have enough time to change the Bridle on his horse so he went ahead.  He said the horses had been staying with local Trainers in Pukekohe and that the girl employed by the Trainers had geared the horse up for him.  He said that the horse always wears pull down Blinds but for some reason last week the Blinds had been taken off the Bridle and used on one of the other Dalgety horses which needed them also.  He said again that he realised too late that the pull down Blinds were not on and he went ahead and raced.

Mr Dunn told this Committee on more than on one occasion that in his opinion this charge was only a small matter and that it only warranted a fine as previously submitted.  He also said that the horse did not go any good in any event and that the addition of Pull down Blinds would not have made any difference to it.

In reference to Mr Dalgety’s record Mr Dunn pointed out that the previous fine of $200.00 was for a group race but the Committee told Mr Dunn that that charge was under a different part of Rule 865.

Mr Dalgety’s record was again pointed out to Mr Dunn and the Committee is concerned at what appears to be Mr Dalgety’s approach to this Rule.  Mr Dunn was advised by this Committee that we were considering imposing a fine of $250.00 on Mr Dalgety because of his record in regard to these charges.  Mr Dunn told this Committee that during the six month period Mr Dalgety had a lot of starters and it appeared he was suggesting that this was justification for the number of breaches.  The Committee pointed out to him that Mr Dalgety is a Professional Trainer and as such is responsible for complying with the Rules.

Mr Muirhead then addressed the Committee again and he confirmed again that Mr Dalgety was not present at the meeting and he said that as far as the Stipendiary Stewards were concerned that Mr Dunn was responsible because he was the person in control of the horse.  Mr Muirhead said that the Rule applied to the Trainer and/or person in control of the horse.

The Committee pointed out to Mr Muirhead that Mr Dunn had not been charged under the Rule but rather Mr Dalgety and on the basis of Mr Dalgety’s record the Committee was looking at imposing a fine of $250.00.

Mr Muirhead applied to the Committee to amend the charge to show Mr Dunn as the Defendant on the basis that Mr Dunn was the person in control of the horse and was the one who was responsible.

The Committee considered Mr Muirhead’s application and pursuant to Rule 1111(4) agrees to amend the Information to show Mr Dunn as the Defendant.

On this basis Mr Dunn has admitted the breach.

The charge having been admitted is accordingly proven.

PENALTY SUBMISSIONS:

Mr Muirhead submitted that a fine of $100.00 was appropriate.

PENALTY REASONS:

The Committee noted that the starting point for a fine under the JCA Guidelines for this offence is a fine of $100.00 and also previous fines for this offence have been $100.00.  Mr Dunn does not have any prior history in regard to this matter.

PENALTY:

The Committee therefore imposes a fine of $100.00 on Mr Dunn. The Committee also advises Mr Dunn to point out to Mr Dalgety his record as far as breaches of Rule 865 are concerned and that future JCA Committees might impose higher penalties for further breaches.

BJ Scott                       GR Jones                    

CHAIR                         Committee Member

68623             

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Rules: 865 (4)

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meetdate: 20/05/2010

meet_title: Manukau TC - 20 May 2010

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name: Manukau TC