Non Raceday Inquiry RIU v J R Dunn – Decision dated 31 October 2014

hearingid: a765384b083e130bbe2beba91c76c026

informantnumber:

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 01/11/2014

hearing_title: Non Raceday Inquiry RIU v J R Dunn - Decision dated 31 October 2014

charge:

facts:

appealdecision: NO LINKED APPEAL DECISION

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

NON RACEDAY JUDICIAL COMMITTEE DECISION

Informant: N M Ydgren, Stipendiary Steward

Respondent: J R Dunn, Licensed Open Driver

Information No: A6168

Meeting: New Zealand Metropolitan Trotting Club

Date: 24 October 2014 (heard 31 October 2014 at Addington)

Venue: Addington Raceway, Christchurch

Race: 7

Rule No: 869 (4)

Judicial Committee: R G McKenzie, Chairman - S C Ching, Committee Member

Plea: Admitted

FACTS:

Information No. A6168 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr J R Dunn, alleging that Mr Dunn, as the driver of LIGHT UP BOSS in Race 7, Happy 50th Birthday Lynda Russell Handicap Pace, “failed to make a sufficient effort to correct his horse from shifting outwards on the final bend which was a movement likely to cause interference to other runners”.

The information was heard at the meeting of New Zealand Metropolitan Trotting Club at Addington Raceway on Friday, 31 October 2014.

Mr Ydgren produced a copy of a letter signed by Mr M R Godber, General Manager of the Racing Integrity Unit, authorising the filing of the information pursuant to Rule 1103 (4) (c).

Mr Dunn was not present at the hearing of the information. He had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren confirmed that Mr Dunn had waived the right to be present at the hearing.

Rule 869 provides as follows:

(4) No horseman shall during any race do anything which interferes with or is likely to interfere with his own horse and/or any other horse or its progress.

SUBMISSIONS:

Mr Ydgren showed video replays of the final 400 metres of the race. He pointed out LIGHT UP BOSS, driven by Mr Dunn, leading the field approaching the home turn. A stablemate, STERNS ARISING (S M Ottley), was trailing that runner. Mr Dunn’s horse was under some pressure, being driven vigorously with the whip and reins. Mr Ydgren then showed how Mr Dunn had allowed his horse to run off the pylons. STERNS ARISING was, as a consequence, able to take the passing lane earlier than it would otherwise. The horses to his outside had been taken over extra ground as a result of Mr Dunn allowing his horse to shift up the track.

Mr Ydgren submitted that Mr Dunn should have corrected his horse to maintain its position on the pylons but, instead, he had allowed it to shift outwards, approximately, one cart width and approximately 30 metres prior to the straight entrance and passing lane. The horse had been inclined to lay outwards throughout the whole race, Mr Ydgren said. Mr Dunn had explained that LIGHT UP BOSS does strike a knee so it wore a “particularly abrasive” boring pole on its near side so, when the horse felt it, it tended to run away from it.

DECISION:

Mr Dunn having admitted the charge, the charge was found proved.

PENALTY SUBMISSIONS:

Mr Ydgren referred to the Penalty Guide which recommends a starting point for penalty for a breach of the Rule of a fine of $300 or a 6 drives’ suspension. The present breach was in the mid-to-low level with no other runner receiving interference. Mr Dunn has a clear record and did admit the breach at the earliest stage, Mr Ydgren said. He submitted that a fine of $200 was appropriate.

PENALTY REASONS:

In deciding penalty, the Committee had regard to the starting point of a fine of $300 for a breach of the Rule, as provided in the Penalty Guide. Mr Dunn was entitled to a discount, which the Committee assessed at $100, for his admission of the breach, his clear record and the fact that the breach was, at worst, at the lower end of the scale, with no actual interference taking place.

PENALTY:

Mr Dunn was fined the sum of $200.

R G McKenzie           S C Ching

CHAIRMAN              COMMITTEE MEMBER

31 October 2014

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Non-race day

Rules:

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: