NZ Metro TC 12 February 2016 – R 4 – Chair, Mr R McKenzie
ID: JCA11686
Meet Title:
NZ Metro TC - 12 February 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2016/02/12
Race Number:
R4
Decision:
Mr Dunn having admitted the charge, the charge was found proved.
Penalty:
Mr Dunn was fined the sum of $300.
Facts:
Following the running of Race 4, PGG Wrightson – Sires’ Stakes Harness 5000 (Listed Race), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr D J Dunn, alleging that Mr Dunn, as the driver of NEK TIME in the race, “failed to maintain as straight a course as possible in the home straight”.
Mr Dunn had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was not present at the hearing but Mr McIntyre informed the Committee that Mr Dunn did not wish to be present.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything that interferes or is likely to interfere with his own horse and/or any other horse or its progress.
The Passing Lanes, False Rails and Home Straight Regulations provide as follows:
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
8. Failure to comply with [Clause 7] shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.
Mr McIntyre showed video replays of the final 200-300 metres of the race. He pointed out NEK TIME, driven by Mr Dunn, in the lead turning for home. On the head-on video replay, he showed NEK TIME racing adjacent to the pylons and then shift ground outwards, approximately 3½ cart widths, he submitted. Mr McIntyre submitted that, at no stage, did Mr Dunn attempt to correct his horse, but continued to drive it out.
The horse kept a straight course for approximately another 100 metres, at which point RR SAND DOLLAR (B N Orange) came up alongside it. NEK TIME shifted out again, with Mr Dunn continuing to drive, and came into contact with the stay of Mr Orange’s sulky.
Mr McIntyre submitted that, under the Rules, Mr Dunn was required to stop driving and straighten his horse but, at no stage in the run home, did he do this.
Submissions for Penalty:
Mr Dunn has a clear record as far as a breach of Rule 869(4) was concerned, Mr McIntyre said. Mr Dunn was a busy driver.
Another horseman had recently been fined the sum of $200 for a similar breach, Mr McIntyre said. However, the race in the present case was a “major race” – a race with stakes of $40,000 or more – in terms of the Penalty Guide.
Mr Orange was interviewed by Stewards following the race and he told Stewards that his chances had not been affected, Mr McIntyre said. Stewards had considered a protest but did not proceed with one. Because no other runner had been affected and because the breach was “very low level”, Mr McIntyre said, Stewards were submitting that a fine in the vicinity of $300 was appropriate.
Reasons for Penalty:
The Committee noted that the suggested starting point for penalty for a breach of Rule 869(4) in a “major race” is a 15 drives’ suspension or a $750 fine. However, it is fair to say, that the Rule contemplates a wide range of conduct on the part of a driver in doing something that causes interference or is likely to cause interference. It is equally fair to say that it is difficult to imagine a less serious breach of the Rule than what occurred in the present case. While Mr Dunn’s driving was culpable in that he permitted his horse to shift ground outwards significantly, it was submitted by the Stewards, and we accept, that no actual interference was caused to any other runner.
In the circumstances, and particularly having regard to the “very low level” (as described by Mr McIntyre) of the breach, the Committee considered that the Penalty Guide starting point referred to was not an appropriate starting point for this particular breach.
The Committee was of the view that a $500 fine was a more appropriate starting point. That starting point takes into account the “major race” element of the breach as the only aggravating factor and the “very low level” as the principal mitigating factor. From that starting point, we believe that Mr Dunn is entitled to a discount of $100 for each of the other two mitigating factors – that is to say, his good record and his admission of the breach.
JCA Decision Fields (raw)
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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: 239c416f6b99499e8cbf6dbc25f6f39b
informantnumber: A7207
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to Maintain Straight Course
plea: admitted
penaltyrequired: 1
decisiondate: 15/02/2016
hearing_title: NZ Metro TC 12 February 2016 - R 4 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, PGG Wrightson – Sires’ Stakes Harness 5000 (Listed Race), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr D J Dunn, alleging that Mr Dunn, as the driver of NEK TIME in the race, “failed to maintain as straight a course as possible in the home straight”.
Mr Dunn had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was not present at the hearing but Mr McIntyre informed the Committee that Mr Dunn did not wish to be present.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything that interferes or is likely to interfere with his own horse and/or any other horse or its progress.
The Passing Lanes, False Rails and Home Straight Regulations provide as follows:
7. Except where a horseman is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.
8. Failure to comply with [Clause 7] shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.
Mr McIntyre showed video replays of the final 200-300 metres of the race. He pointed out NEK TIME, driven by Mr Dunn, in the lead turning for home. On the head-on video replay, he showed NEK TIME racing adjacent to the pylons and then shift ground outwards, approximately 3½ cart widths, he submitted. Mr McIntyre submitted that, at no stage, did Mr Dunn attempt to correct his horse, but continued to drive it out.
The horse kept a straight course for approximately another 100 metres, at which point RR SAND DOLLAR (B N Orange) came up alongside it. NEK TIME shifted out again, with Mr Dunn continuing to drive, and came into contact with the stay of Mr Orange’s sulky.
Mr McIntyre submitted that, under the Rules, Mr Dunn was required to stop driving and straighten his horse but, at no stage in the run home, did he do this.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Dunn having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Dunn has a clear record as far as a breach of Rule 869(4) was concerned, Mr McIntyre said. Mr Dunn was a busy driver.
Another horseman had recently been fined the sum of $200 for a similar breach, Mr McIntyre said. However, the race in the present case was a “major race” – a race with stakes of $40,000 or more – in terms of the Penalty Guide.
Mr Orange was interviewed by Stewards following the race and he told Stewards that his chances had not been affected, Mr McIntyre said. Stewards had considered a protest but did not proceed with one. Because no other runner had been affected and because the breach was “very low level”, Mr McIntyre said, Stewards were submitting that a fine in the vicinity of $300 was appropriate.
reasonsforpenalty:
The Committee noted that the suggested starting point for penalty for a breach of Rule 869(4) in a “major race” is a 15 drives’ suspension or a $750 fine. However, it is fair to say, that the Rule contemplates a wide range of conduct on the part of a driver in doing something that causes interference or is likely to cause interference. It is equally fair to say that it is difficult to imagine a less serious breach of the Rule than what occurred in the present case. While Mr Dunn’s driving was culpable in that he permitted his horse to shift ground outwards significantly, it was submitted by the Stewards, and we accept, that no actual interference was caused to any other runner.
In the circumstances, and particularly having regard to the “very low level” (as described by Mr McIntyre) of the breach, the Committee considered that the Penalty Guide starting point referred to was not an appropriate starting point for this particular breach.
The Committee was of the view that a $500 fine was a more appropriate starting point. That starting point takes into account the “major race” element of the breach as the only aggravating factor and the “very low level” as the principal mitigating factor. From that starting point, we believe that Mr Dunn is entitled to a discount of $100 for each of the other two mitigating factors – that is to say, his good record and his admission of the breach.
penalty:
Mr Dunn was fined the sum of $300.
hearing_type: Hearing
Rules: 869(4)
Informant: N G McIntyre, Co-Chief Stipendiary Steward
JockeysandTrainer: D J Dunn, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 21d62fdba559b7a6df418bb49096a31d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ece3cd85f4d2f6b9848ad96c3fc06d3c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/02/2016
meet_title: NZ Metro TC - 12 February 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC