Methven TC 5 September 2010 – R 9 (heard Timaru 19 September 2010)
ID: JCA18464
Hearing Type (Code):
harness-racing
Meet Title:
Methven TC - 5 September 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/09/05
Race Number:
R 9
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N M Ydgren, Stipendiary Steward
Defendant: J R Dunn, Licensed Open Driver
Information No: 69305
Meeting: Methven Trotting Club
Date: 5 September 2010
Venue: Methven
Race: 9
Rule No: 869 (4)
Judicial Committee: R G McKenzie, Chairman – S C Ching, Panellist
Plea: Not Admitted
Also present: Miss J J A Young (driver of GLORY R)
FACTS:
Following the running of Race 9, New Brighton Club Mobile Pace, Information No. 69305 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr J R Dunn, alleging a breach of Rule 869 (4) in that Mr Dunn as the driver of TOMMY GOLIGHTLY in the race, “drove in a manner causing interference when shifting down and contacting the legs of GLORY R (J J A Young) causing this horse to break”.
The information was filed with the Registrar on raceday and served on Mr Dunn. The hearing of the information was adjourned and was heard at the meeting of Timaru Harness Racing Club at Washdyke on 19 September 2010.
Mr Dunn was present at the hearing of the information and indicated that he did not admit the breach.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
SUBMISSIONS:
Mr S P Renault, Stipendiary Steward, showed video replays of the relevant part of the race. Miss Young, driving GLORY R, was racing 3-wide passing the winning post with a lap to run. Mr Dunn was following her. At that point, Mr Dunn pulled out and went 4-wide around Miss Young. He attempted to cross Miss Young and get on the back of MISTER POWELL (S P Walkinshaw) in the 3-wide line. In doing so, he struck the off front leg of GLORY R causing that runner to go off stride and lose ground. Mr Renault submitted that Mr Dunn had attempted to get into a position where there was insufficient room.
Miss Young said that she had been racing 3-wide when Mr Dunn improved outside her. He attempted to cross and get into the 3-wide line in front of her. As he came down, there was contact and her horse broke. At all times her horse was racing kindly, she said. Mr Ydgren submitted that the video replay confirmed this. She believed that she was established in her position. The chances of her horse were affected in the incident, she said.
Mr Ydgren said that the Stewards believed that Mr Dunn had simply misjudged the amount of room available to him. He had contacted the legs of Miss Young’s horse, causing it to gallop.
Mr Dunn said that he had been following Miss Young, who had been having a “pushing war” with Mr A M Butt on her inside. He said he had yelled at her several times to keep going. He claimed that it had got “dangerous” being behind her so he had decided to go around her. He said that he should not have to go 4-wide that far from home. Mr Butt had come out forcing Miss Young, who had no control over her horse, wider Mr Dunn submitted. Miss Young made no effort to restrain her horse. He did not come across purposely and had just touched her horse’s hoof. All Miss Young had to do was ease back and get on his back, Mr Dunn said. The incident was Miss Young’s fault, Mr Dunn stated.
Mr Ydgren submitted that there was no obligation on Miss Young to make room for Mr Dunn to cross in front of her.
REASONS:
The Committee was satisfied, based on the video evidence and on the evidence of Miss Young, that with approximately 1500 metres to run Mr Dunn, who had been following Miss Young, improved 4-wide around Miss Young, who had been racing 3-wide, and attempted to move down into the 3-wide line behind MISTER POWELL and in front of GLORY R, driven by Miss Young. Mr Dunn crossed into the 3-wide line but, in doing so, his sulky made contact with the off front leg of GLORY R, as a result of which that horse broke and lost ground, effectively, losing its chance in the race. Mr Ydgren had submitted that there was insufficient room for Mr Dunn to move down.
Mr Dunn’s defence to the charge was based on what had happened prior to his pulling out 4-wide to go around Miss Young. He blamed her for the interference and claimed that she could have avoided the interference by restraining her horse and getting on to his back – in other words, she should have made room for him.
In the Committee’s view, while the incident involving Miss Young and Mr Butt (in respect of which Miss Young subsequently received a suspension for driving in a manner likely to cause interference) may have explained Mr Dunn’s decision to go around Miss Young at that point in the race, this charge against Mr Dunn relates to what happened after he did so. In that respect, Mr Dunn attempted to shift back down to the 3-wide line from the 4-wide position that he elected to take and, in doing so, made contact with Miss Young’s horse causing it to break. The Committee agrees with Mr Ydgren that it was Mr Dunn’s obligation to ensure that he had sufficient room to make the inward movement without causing interference and not Miss Young’s obligation to make room for him. Mr Dunn made a culpable error of judgement.
The Committee was satisfied that Mr Dunn thereby drove in a manner which interfered with GLORY R or its progress.
DECISION:
The charge was found proved.
SUBMISSIONS ON PENALTY:
Mr Ydgren referred to the Penalty Guide which recommended a starting point of a $400 fine and/or 2 weeks’ suspension for a breach of the Rule. He submitted that a fine was appropriate in this instance. Mr Dunn’s actions had extinguished the chances of another runner in the race but the breach was not at the top end of a scale of seriousness. He had simply misjudged the amount of space available to him, Mr Ydgren said. Mr Dunn had a clear record as far as breaches of the Rule are concerned. He submitted that a fine of $400 was appropriate.
Mr Dunn submitted a fine of $400 was harsh and excessive. He asked the Committee to have regard to his good driving record.
REASONS:
In determining penalty, the Committee took into account the range of fines imposed for recent breaches of the Rule which, broadly speaking, ranged from $200 to $500. The Committee agreed with Mr Ydgren that the breach could adequately be dealt with by a monetary penalty. A mitigating factor was Mr Dunn’s good record. The Committee accepted that Mr Dunn is an experienced driver who has a large number of drives. The aggravating factor was the effect of Mr Dunn’s actions on Miss Young’s horse. However, the degree of contact was slight, as was Mr Dunn’s error of judgement.
PENALTY:
Mr Dunn was fined the sum of $300.
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: 0caea5b7048ff871bc28bdb7590b32d3
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 05/09/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Methven TC 5 September 2010 - R 9 (heard Timaru 19 September 2010)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N M Ydgren, Stipendiary Steward
Defendant: J R Dunn, Licensed Open Driver
Information No: 69305
Meeting: Methven Trotting Club
Date: 5 September 2010
Venue: Methven
Race: 9
Rule No: 869 (4)
Judicial Committee: R G McKenzie, Chairman – S C Ching, Panellist
Plea: Not Admitted
Also present: Miss J J A Young (driver of GLORY R)
FACTS:
Following the running of Race 9, New Brighton Club Mobile Pace, Information No. 69305 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr J R Dunn, alleging a breach of Rule 869 (4) in that Mr Dunn as the driver of TOMMY GOLIGHTLY in the race, “drove in a manner causing interference when shifting down and contacting the legs of GLORY R (J J A Young) causing this horse to break”.
The information was filed with the Registrar on raceday and served on Mr Dunn. The hearing of the information was adjourned and was heard at the meeting of Timaru Harness Racing Club at Washdyke on 19 September 2010.
Mr Dunn was present at the hearing of the information and indicated that he did not admit the breach.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with any other horse or its progress.
SUBMISSIONS:
Mr S P Renault, Stipendiary Steward, showed video replays of the relevant part of the race. Miss Young, driving GLORY R, was racing 3-wide passing the winning post with a lap to run. Mr Dunn was following her. At that point, Mr Dunn pulled out and went 4-wide around Miss Young. He attempted to cross Miss Young and get on the back of MISTER POWELL (S P Walkinshaw) in the 3-wide line. In doing so, he struck the off front leg of GLORY R causing that runner to go off stride and lose ground. Mr Renault submitted that Mr Dunn had attempted to get into a position where there was insufficient room.
Miss Young said that she had been racing 3-wide when Mr Dunn improved outside her. He attempted to cross and get into the 3-wide line in front of her. As he came down, there was contact and her horse broke. At all times her horse was racing kindly, she said. Mr Ydgren submitted that the video replay confirmed this. She believed that she was established in her position. The chances of her horse were affected in the incident, she said.
Mr Ydgren said that the Stewards believed that Mr Dunn had simply misjudged the amount of room available to him. He had contacted the legs of Miss Young’s horse, causing it to gallop.
Mr Dunn said that he had been following Miss Young, who had been having a “pushing war” with Mr A M Butt on her inside. He said he had yelled at her several times to keep going. He claimed that it had got “dangerous” being behind her so he had decided to go around her. He said that he should not have to go 4-wide that far from home. Mr Butt had come out forcing Miss Young, who had no control over her horse, wider Mr Dunn submitted. Miss Young made no effort to restrain her horse. He did not come across purposely and had just touched her horse’s hoof. All Miss Young had to do was ease back and get on his back, Mr Dunn said. The incident was Miss Young’s fault, Mr Dunn stated.
Mr Ydgren submitted that there was no obligation on Miss Young to make room for Mr Dunn to cross in front of her.
REASONS:
The Committee was satisfied, based on the video evidence and on the evidence of Miss Young, that with approximately 1500 metres to run Mr Dunn, who had been following Miss Young, improved 4-wide around Miss Young, who had been racing 3-wide, and attempted to move down into the 3-wide line behind MISTER POWELL and in front of GLORY R, driven by Miss Young. Mr Dunn crossed into the 3-wide line but, in doing so, his sulky made contact with the off front leg of GLORY R, as a result of which that horse broke and lost ground, effectively, losing its chance in the race. Mr Ydgren had submitted that there was insufficient room for Mr Dunn to move down.
Mr Dunn’s defence to the charge was based on what had happened prior to his pulling out 4-wide to go around Miss Young. He blamed her for the interference and claimed that she could have avoided the interference by restraining her horse and getting on to his back – in other words, she should have made room for him.
In the Committee’s view, while the incident involving Miss Young and Mr Butt (in respect of which Miss Young subsequently received a suspension for driving in a manner likely to cause interference) may have explained Mr Dunn’s decision to go around Miss Young at that point in the race, this charge against Mr Dunn relates to what happened after he did so. In that respect, Mr Dunn attempted to shift back down to the 3-wide line from the 4-wide position that he elected to take and, in doing so, made contact with Miss Young’s horse causing it to break. The Committee agrees with Mr Ydgren that it was Mr Dunn’s obligation to ensure that he had sufficient room to make the inward movement without causing interference and not Miss Young’s obligation to make room for him. Mr Dunn made a culpable error of judgement.
The Committee was satisfied that Mr Dunn thereby drove in a manner which interfered with GLORY R or its progress.
DECISION:
The charge was found proved.
SUBMISSIONS ON PENALTY:
Mr Ydgren referred to the Penalty Guide which recommended a starting point of a $400 fine and/or 2 weeks’ suspension for a breach of the Rule. He submitted that a fine was appropriate in this instance. Mr Dunn’s actions had extinguished the chances of another runner in the race but the breach was not at the top end of a scale of seriousness. He had simply misjudged the amount of space available to him, Mr Ydgren said. Mr Dunn had a clear record as far as breaches of the Rule are concerned. He submitted that a fine of $400 was appropriate.
Mr Dunn submitted a fine of $400 was harsh and excessive. He asked the Committee to have regard to his good driving record.
REASONS:
In determining penalty, the Committee took into account the range of fines imposed for recent breaches of the Rule which, broadly speaking, ranged from $200 to $500. The Committee agreed with Mr Ydgren that the breach could adequately be dealt with by a monetary penalty. A mitigating factor was Mr Dunn’s good record. The Committee accepted that Mr Dunn is an experienced driver who has a large number of drives. The aggravating factor was the effect of Mr Dunn’s actions on Miss Young’s horse. However, the degree of contact was slight, as was Mr Dunn’s error of judgement.
PENALTY:
Mr Dunn was fined the sum of $300.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(4)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 34247e1a7a3240d3af1be76e38199e3a
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