Archive Decision

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Oamaru HRC 11 September 2016 – R 7 – Chair, Prof G Hall

ID: JCA10826

Applicant:
Mr Renault - Stipendiary Steward

Respondent(s):
Mr J Dunn - Open Horseman

Information Number:
8357

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Oamaru HRC - 11 September 2016

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2016/09/11

Race Number:
R 7

Decision:

As the respondent has admitted the breach, we find it to be proved.

Penalty:

Mr J Dunn is fined the sum of $400.

Facts:

Mr Renault alleged that Mr J Dunn, the driver of FRANCO NELSON drove carelessly racing into the first bend in race 7 checking PULP FICTION, Mr D Dunn, which was forced over pylons and lost ground.

Mr Renault stated that the respondent had shifted inwards when not sufficiently clear on the first bend. He demonstrated on the videos that Mr J Dunn had moved from a 3 wide position on that bend to behind Mr Hunter who was 2 wide and he had then shifted down to the pylons to ease into the trail behind TIGER TARA. As he did so, Mr D Dunn was chasing his horse up on the pylons. Mr D Dunn had to check his horse and was forced inside a marker peg. In so doing, he lost some 3 lengths. Had the incident not occurred Mr D Dunn would have obtained the trail behind TIGER TARA.

Mr Renault said PULP FICTION had ended up with a good run despite this incident and Mr D Dunn told the Stewards that his chances had not been affected.

Mr J Dunn stated he was going for the trail and there initially was room. He said Mr D Dunn had hunted up his horse and Mr Hunter, FRANCO LEDGER, who was racing one out, was taking hold of his horse and had “come back quick”. He had thus mistimed his move.

Submissions for Penalty:

Mr Renault produced the respondent’s record, which evidenced a breach of this rule in February when a 2 day suspension was imposed. Mr Renault stated Mr J Dunn had thus had no breaches in the past 120 days and submitted that a penalty of a fine of $400 was appropriate, having regard to the status of the race and the $25,000 stake.

Mr J Dunn stated he would prefer to be fined rather than suspended.

Reasons for Penalty:

Mr J Dunn has had 723 drives last season and 18 drives this season. His record is thus very good. The breach is low to mid-range in culpability. The Stipendiary Stewards accept that the chances of PULP FICTION were not affected by the horse being briefly checked and going over the pylon. The respondent is fortunate that this was the outcome as PULP FICTION lost the opportunity to trail TIGER TARA as a result of his actions.

The Penalty Guide identifies a starting point of $500 or 10 drives. Having regard to the fact this was a Group 3 race with a $25000 stake we increase the starting point to $600. We give a $100 discount for each of the two factors of a very good record and an 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: 036d9fbe80f946c76652cc98b236c677


informantnumber: 8357


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 13/09/2016


hearing_title: Oamaru HRC 11 September 2016 - R 7 - Chair, Prof G Hall


charge:


facts:

Mr Renault alleged that Mr J Dunn, the driver of FRANCO NELSON drove carelessly racing into the first bend in race 7 checking PULP FICTION, Mr D Dunn, which was forced over pylons and lost ground.

Mr Renault stated that the respondent had shifted inwards when not sufficiently clear on the first bend. He demonstrated on the videos that Mr J Dunn had moved from a 3 wide position on that bend to behind Mr Hunter who was 2 wide and he had then shifted down to the pylons to ease into the trail behind TIGER TARA. As he did so, Mr D Dunn was chasing his horse up on the pylons. Mr D Dunn had to check his horse and was forced inside a marker peg. In so doing, he lost some 3 lengths. Had the incident not occurred Mr D Dunn would have obtained the trail behind TIGER TARA.

Mr Renault said PULP FICTION had ended up with a good run despite this incident and Mr D Dunn told the Stewards that his chances had not been affected.

Mr J Dunn stated he was going for the trail and there initially was room. He said Mr D Dunn had hunted up his horse and Mr Hunter, FRANCO LEDGER, who was racing one out, was taking hold of his horse and had “come back quick”. He had thus mistimed his move.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the respondent has admitted the breach, we find it to be proved.


sumissionsforpenalty:

Mr Renault produced the respondent’s record, which evidenced a breach of this rule in February when a 2 day suspension was imposed. Mr Renault stated Mr J Dunn had thus had no breaches in the past 120 days and submitted that a penalty of a fine of $400 was appropriate, having regard to the status of the race and the $25,000 stake.

Mr J Dunn stated he would prefer to be fined rather than suspended.


reasonsforpenalty:

Mr J Dunn has had 723 drives last season and 18 drives this season. His record is thus very good. The breach is low to mid-range in culpability. The Stipendiary Stewards accept that the chances of PULP FICTION were not affected by the horse being briefly checked and going over the pylon. The respondent is fortunate that this was the outcome as PULP FICTION lost the opportunity to trail TIGER TARA as a result of his actions.

The Penalty Guide identifies a starting point of $500 or 10 drives. Having regard to the fact this was a Group 3 race with a $25000 stake we increase the starting point to $600. We give a $100 discount for each of the two factors of a very good record and an admission of the breach.


penalty:

Mr J Dunn is fined the sum of $400.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr Renault - Stipendiary Steward


JockeysandTrainer: Mr J Dunn - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 24278d8180a8203e9c6324865ea5df32


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 472fa467e93ec2701bda5776f393d163


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 11/09/2016


meet_title: Oamaru HRC - 11 September 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Oamaru HRC