NZ Metro TC – 9 November 2007 – Race 3
ID: JCA19501
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 9 November 2007
Race Date:
2007/11/09
Race Number:
Race 3
Decision: --
Following the running of Race 3, the Robbie’s Bar & Bistro Yaldhurst/New Brighton Graduation Mobile Pace, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr D. J. Dunn, Junior Horseman, driver of JAMES BURKE (2), alleging a breach of Rule 869(3)(f), (improper driving).
--
Following the running of Race 3, the Robbie’s Bar & Bistro Yaldhurst/New Brighton Graduation Mobile Pace, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr D. J. Dunn, Junior Horseman, driver of JAMES BURKE (2), alleging a breach of Rule 869(3)(f), (improper driving). The charge reads as follows.
------"I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(f) in that Mr D. J. Dunn (JAMES BURKE) drove improperly when rounding the final bend in that he used his foot as a bar."
--Rule 869(3)(f) reads as follows.
--"No horseman in any race shall drive improperly."
--Mr Dunn is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr A. M. Butt. Mr Dunn had indicated on the information that he did not admit this breach of the Rules and he confirmed this at the hearing. Both Mr Dunn and Mr Butt agreed that they understood the charge and the Rule under which it was laid.
--Stipendiary Steward Mr Ydgren used video coverage to show that Mr Dunn’s left leg came out of the footrest when rounding the final bend. Mr Ydgren also pointed out where it appeared that Mr Dunn’s foot came into contact with his horse’s near rear hock on two occasions.
--It was Mr Escott’s case that the actions of Mr Dunn were deliberate, and that he had admitted this when he was spoken to prior to the hearing. Mr Dunn denied that he had made this admission, and there was no recording available to settle this point.
--Mr Butt used video coverage to dispute that there had been any contact between Mr Dunn’s foot and the horse’s hock. Mr Butt also argued that it was pretty well impossible for a driver to reach a horse’s hock with his foot. Mr Dunn also disputed that his foot had made contact as alleged, and he also said that his foot had slipped out of the rest, and that his actions were not deliberate.
--I then adjourned to consider my decision. I was satisfied that Mr Dunn’s foot was out of the rest for a very short time, probably two or three seconds. I was also satisfied that there had been contact between Mr Dunn’s foot and his horses hock on at least one and probably two occasions. Mr Dunn’s explanation that he did not intentionally use his foot as a bar was of some concern. However this incident took place so quickly, and was certainly not an activity that appeared to have been planned. I was also aware that the charge was a serious one and that I needed to be sure that Mr Dunn’s actions were deliberate. I determined that Mr Dunn should be given the benefit of the doubt on this occasion.
--On resuming the hearing I advised the parties that a full written decision would be given later, and I gave the following oral decision.
--"Having heard the evidence, and having seen the video coverage I am satisfied that, when rounding the final bend, Mr Dunn was at the rear of the field. Video coverage showed that Mr Dunn’s left leg came out of the footrest for a very short time; i.e. a few seconds at most.
--I am also satisfied that Mr Dunn’s foot came into contact with his horse’s hock on at least one and probably two occasions. Mr Dunn disputed this finding but it is quite clear from the video.
--In his defence Mr Dunn said his foot slipped out of the rest, and that he had no intention to use it as a bar.
--This is a serious charge with connotations of cheating. To find the charge proved I need to find that the use of Mr Dunn’s foot as a bar was deliberate. In this case I am in some doubt that Mr Dunn’s actions were deliberate and he must be given the benefit of that doubt. The charge is dismissed."
----
J. M. Phelan
--Chairman
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: 64977b64c3d34be328612f30e2d2ba0c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 09/11/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 9 November 2007 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 3, the Robbie’s Bar & Bistro Yaldhurst/New Brighton Graduation Mobile Pace, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr D. J. Dunn, Junior Horseman, driver of JAMES BURKE (2), alleging a breach of Rule 869(3)(f), (improper driving).
--
Following the running of Race 3, the Robbie’s Bar & Bistro Yaldhurst/New Brighton Graduation Mobile Pace, an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr D. J. Dunn, Junior Horseman, driver of JAMES BURKE (2), alleging a breach of Rule 869(3)(f), (improper driving). The charge reads as follows.
------"I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(f) in that Mr D. J. Dunn (JAMES BURKE) drove improperly when rounding the final bend in that he used his foot as a bar."
--Rule 869(3)(f) reads as follows.
--"No horseman in any race shall drive improperly."
--Mr Dunn is a Junior Horseman and he was assisted at this hearing by Open Horseman Mr A. M. Butt. Mr Dunn had indicated on the information that he did not admit this breach of the Rules and he confirmed this at the hearing. Both Mr Dunn and Mr Butt agreed that they understood the charge and the Rule under which it was laid.
--Stipendiary Steward Mr Ydgren used video coverage to show that Mr Dunn’s left leg came out of the footrest when rounding the final bend. Mr Ydgren also pointed out where it appeared that Mr Dunn’s foot came into contact with his horse’s near rear hock on two occasions.
--It was Mr Escott’s case that the actions of Mr Dunn were deliberate, and that he had admitted this when he was spoken to prior to the hearing. Mr Dunn denied that he had made this admission, and there was no recording available to settle this point.
--Mr Butt used video coverage to dispute that there had been any contact between Mr Dunn’s foot and the horse’s hock. Mr Butt also argued that it was pretty well impossible for a driver to reach a horse’s hock with his foot. Mr Dunn also disputed that his foot had made contact as alleged, and he also said that his foot had slipped out of the rest, and that his actions were not deliberate.
--I then adjourned to consider my decision. I was satisfied that Mr Dunn’s foot was out of the rest for a very short time, probably two or three seconds. I was also satisfied that there had been contact between Mr Dunn’s foot and his horses hock on at least one and probably two occasions. Mr Dunn’s explanation that he did not intentionally use his foot as a bar was of some concern. However this incident took place so quickly, and was certainly not an activity that appeared to have been planned. I was also aware that the charge was a serious one and that I needed to be sure that Mr Dunn’s actions were deliberate. I determined that Mr Dunn should be given the benefit of the doubt on this occasion.
--On resuming the hearing I advised the parties that a full written decision would be given later, and I gave the following oral decision.
--"Having heard the evidence, and having seen the video coverage I am satisfied that, when rounding the final bend, Mr Dunn was at the rear of the field. Video coverage showed that Mr Dunn’s left leg came out of the footrest for a very short time; i.e. a few seconds at most.
--I am also satisfied that Mr Dunn’s foot came into contact with his horse’s hock on at least one and probably two occasions. Mr Dunn disputed this finding but it is quite clear from the video.
--In his defence Mr Dunn said his foot slipped out of the rest, and that he had no intention to use it as a bar.
--This is a serious charge with connotations of cheating. To find the charge proved I need to find that the use of Mr Dunn’s foot as a bar was deliberate. In this case I am in some doubt that Mr Dunn’s actions were deliberate and he must be given the benefit of that doubt. The charge is dismissed."
----J. M. Phelan--
Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.f
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b48c9e7f6e5ac1305abbb36dae27c6ae
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 3
submittochair:
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race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 076b69d911c73fc2167021b203eef0d5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/11/2007
meet_title: NZ Metro TC - 9 November 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC