Wairio TC – 18 October 2009 – Race 5
ID: JCA21791
Hearing Type (Code):
harness-racing
Meet Title:
Wairio TC - 18 October 2009
Race Date:
2009/10/18
Race Number:
Race 5
Decision:
Information 67427 was lodged by Stipendiary Steward Mr N McIntyre under rule 869(3)(b) alleging that in race 5, the Earl Drake Builder Mobile Pace, junior horseman D Dunn driving SHADES OF BROWN drove carelessly when allowing his horse to shift outwards coming into contact with TWIN RIVERS (C Barron) causing that horse to break approximately 150m from the finish.
Information 67427 was lodged by Stipendiary Steward Mr N McIntyre under rule 869(3)(b) alleging that in race 5, the Earl Drake Builder Mobile Pace, junior horseman D Dunn driving SHADES OF BROWN drove carelessly when allowing his horse to shift outwards coming into contact with TWIN RIVERS (C Barron) causing that horse to break approximately 150m from the finish.
--Mr Dunn did not admit the breach and was assisted throughout the hearing by senior horseman C Thornley.
--Rule 869 (3)(b) states: “No horseman in any race shall drive carelessly”.
--Mr McIntyre showed the committee several video clips of the alleged incident highlighting the outward movement of SHADES OF BROWN and taking the gap and line of the trailing horse behind – TWIN RIVERS.
--Mr Barron stated he was attempting to move into the gap but the outward movement of SHADES OF BROWN prevented his horse TWIN RIVERS from doing so. Mr Barron said the movement was quick and that he had to take hold of his horse which as a result then broke. Mr Barron stated that his horse did not contribute to the incident.
--Mr Thornley assisting Mr Dunn said that it was a combination of factors which caused the incident which were common in race driving. Mr Thornley stated that both SHADES OF BROWN and TWIN RIVERS were going for the same gap and that HILLVIEW GOLD, driven by R Swain, contributed to the incident by moving inwards when racing outside TWIN RIVERS.
--Mr Dunn agreed with Mr Thornley’s statements, using the video clips of the alleged incident to explain and highlight the points made by both himself and Mr Thornley.
--Decision
--The Committee was satisfied a breach of the rule had occurred and the charge was upheld. Clearly in our opinion Mr Dunn has made an error of judgment and has moved outwards when not sufficiently clear of TWIN RIVERS driven by Mr Barron causing that horse to break and lose its chance. The Committee was also satisfied that no other horse or horseman contributed to the incident.
--Submissions on Penalty
--Mr McIntyre said the breach was at the lower end of the scale and recommended a range of penalty between $300 and $400. Mr McIntyre informed the Committee that Mr Dunn was an extremely busy driver and that he had been charged under the same rule on 2 previous occasions over the past twelve months - 4 April 2009 Northern Southland where he was fined $200 and 9 April 2009 Forbury Park where he was fined $325.
--Mr Dunn suggested to the Committee a fine of $250 would be fair.
--The Committee fined Mr Dunn the sum of $350 and reminded him of his professional obligations.
--
N Skelt A Dennis
CHAIR Committee Member
67427
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: bba8184da0fb750cb71548a9bda7bcf4
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 18/10/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Wairio TC - 18 October 2009 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Information 67427 was lodged by Stipendiary Steward Mr N McIntyre under rule 869(3)(b) alleging that in race 5, the Earl Drake Builder Mobile Pace, junior horseman D Dunn driving SHADES OF BROWN drove carelessly when allowing his horse to shift outwards coming into contact with TWIN RIVERS (C Barron) causing that horse to break approximately 150m from the finish.
Information 67427 was lodged by Stipendiary Steward Mr N McIntyre under rule 869(3)(b) alleging that in race 5, the Earl Drake Builder Mobile Pace, junior horseman D Dunn driving SHADES OF BROWN drove carelessly when allowing his horse to shift outwards coming into contact with TWIN RIVERS (C Barron) causing that horse to break approximately 150m from the finish.
--Mr Dunn did not admit the breach and was assisted throughout the hearing by senior horseman C Thornley.
--Rule 869 (3)(b) states: “No horseman in any race shall drive carelessly”.
--Mr McIntyre showed the committee several video clips of the alleged incident highlighting the outward movement of SHADES OF BROWN and taking the gap and line of the trailing horse behind – TWIN RIVERS.
--Mr Barron stated he was attempting to move into the gap but the outward movement of SHADES OF BROWN prevented his horse TWIN RIVERS from doing so. Mr Barron said the movement was quick and that he had to take hold of his horse which as a result then broke. Mr Barron stated that his horse did not contribute to the incident.
--Mr Thornley assisting Mr Dunn said that it was a combination of factors which caused the incident which were common in race driving. Mr Thornley stated that both SHADES OF BROWN and TWIN RIVERS were going for the same gap and that HILLVIEW GOLD, driven by R Swain, contributed to the incident by moving inwards when racing outside TWIN RIVERS.
--Mr Dunn agreed with Mr Thornley’s statements, using the video clips of the alleged incident to explain and highlight the points made by both himself and Mr Thornley.
--Decision
--The Committee was satisfied a breach of the rule had occurred and the charge was upheld. Clearly in our opinion Mr Dunn has made an error of judgment and has moved outwards when not sufficiently clear of TWIN RIVERS driven by Mr Barron causing that horse to break and lose its chance. The Committee was also satisfied that no other horse or horseman contributed to the incident.
--Submissions on Penalty
--Mr McIntyre said the breach was at the lower end of the scale and recommended a range of penalty between $300 and $400. Mr McIntyre informed the Committee that Mr Dunn was an extremely busy driver and that he had been charged under the same rule on 2 previous occasions over the past twelve months - 4 April 2009 Northern Southland where he was fined $200 and 9 April 2009 Forbury Park where he was fined $325.
--Mr Dunn suggested to the Committee a fine of $250 would be fair.
--The Committee fined Mr Dunn the sum of $350 and reminded him of his professional obligations.
--
N Skelt A Dennis
CHAIR Committee Member
67427
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7efc5c9692073b6d6b71e610a7e20c6d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d79bac0fa5854f5239fd469138d6aed8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/10/2009
meet_title: Wairio TC - 18 October 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairio-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Wairio TC