NZ Metro TC 12 February 2016 – R 7 (heard on 14 February 2016 at Timaru) – Chair, Mr D Jackson

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startdate: 12/02/2016

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hearing_title: NZ Metro TC 12 February 2016 - R 7 (heard on 14 February 2016 at Timaru) - Chair, Mr D Jackson

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JCA HEARING

NZ Metropolitan Trotting Club – 12 February 2016 – Race 7

Heard at Timaru on 14 February 2016

Rules:

Rule 869(3)(b)

Committee:

D Jackson, Chair - P Knowles, Committee Member

Name:

JR Dunn – Open Horseman

Informant:

Mr NG McIntyre – Stipendiary Steward

Information no:

A7209

Charge:

Careless driving - JR Dunn (ARTFUL) shifted ground abruptly with approximately 100m to run checking APASSIONATO (CJ de Filippi)

Plea:

Admitted

Evidence:

Mr Dunn is charged with careless driving. He is alleged to have shifted ground abruptly while driving ARTFUL with approximately 100m to run, thereby checking APASSIONATO driven by Mr C de Filippi which lost all chance. Mr Dunn originally denied the charge on 12 February and the charge was adjourned sine die. The next day Mr Dunn confirmed to Mr McIntyre his intention to admit the charge and agreed for this committee to hear the charge at Timaru on 14 February 2016.

Mr Dunn did not attend the hearing but countersigned the information to record his change of plea and his understanding that the informant would seek a three day suspension.

Otherwise, Mr Dunn made no submissions in respect of the charge itself or as to penalty.

Mr Ydgren on behalf of Mr McIntyre replayed the later stages of the race from all available angles and in particular emphasized that prior to the shift of ground Mr Dunn had caused ARTFUL to apply considerable pressure to the horse outside him, APASSIONATO driven by Mr de Filippi, which was evidenced by the pressure visible between the two sulky wheels which had come together. It was clear from the video evidence that ARTFUL was travelling better than APASSIONATO and Mr Ydgren showed that when ARTFUL did come clear of APASSIONATO that ARTFUL’s wheel visibly “flung out” from underneath the wheel of APASSIONATO whereupon ARTFUL moved significantly to the outside checking APASSIONATO, which lost all chance.

Decision:

Mr Dunn admitted the charge. It was clear to the committee on the video evidence that the charge was made out in any event. The charge was proved.

Penalty submissions:

Mr Ydgren noted that this was a race carrying a stake of $146,000. It was therefore a major race under the JCA penalty guidelines. Accordingly, Mr Ydgren submitted a three day suspension was the appropriate starting point. Mr Ydgren identified Mr Dunn had driving commitments at Manawatu and at Addington in the coming days, namely at Manawatu on Tuesday 16 and Thursday 18 February and Friday 19 February at Addington.

Mr Ydgren confirmed to the committee that Mr Dunn had a good and clear record and conceded that those factors together with his guilty plea warranted a discount.

Penalty:

The committee considers this a clear case of careless driving. We assess Mr Dunn’s culpability as medium. Mr Dunn was looking to advance his drive and to get out from the inside of a tiring horse 100m from the finish. There was insufficient room to gain a clear run such that when ARTFUL did get clear its outside wheel “flung out” checking APASSIONATO. It is noted that APASSIONATO was tiring and had likely come to the end of its run.

Accordingly Mr Dunn is suspended from driving for two days namely Tuesday 16 February at Manawatu and Wednesday 17 February at Forbury. The committee notes that the Forbury date was not listed in the race calendar available to the committee during the hearing but was subsequently identified and notified to the committee by Mr Ydgren and accordingly Mr Dunn will be suspended on those consecutive racedays.

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hearing_type: Old Hearing

Rules: 869(3)(b)

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