Rangiora HRC 14 April 2019 – R 6 – Chair, Mr R McKenzie
ID: JCA12869
Meet Title:
Rangiora HRC - 14 April 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
OJarvis
Race Date:
2019/04/14
Race Number:
R6
Decision:
Mr Dunn having admitted the breach, the charge was found proved.
Penalty:
Mr Dunn is fined the sum of $200.
Facts:
Following the running of Race 6, Canterbury Print Service Fillies & Mares Mobile Pace, an information was filed by Stipendiary Steward, Mr R A Quirk, against Licensed Open Driver, Mr J R Dunn, alleging that Mr Dunn, as the driver of KOTARE YOLANDE in the race, “shifted outwards near the 1500 metres forcing DONEGAL ART CHOKIN (R T May) wider on the track”.
Mr Dunn’s wife, on Mr Dunn’s behalf, had signed the Statement by the Respondent on the information form indicating that Mr Dunn admitted the breach. Mr Quirk informed the Committee that Mr Dunn did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Mr Quirk had Stipendiary Steward, Mr S P Renault, show video replays of the incident with approximately 1500 metres to run. He pointed out Mr Dunn, driving, KOTARE YOLANDE, racing three places back on the markers with TAKEMYBREATHAWAY (B D J Munro) immediately to its outside. As the field rounded the first bend, Mr Dunn moved outwards forcing Mr Munro 3-wide and DONEGAL ART CHOKIN (R T May), which was improving forward around TAKEMYBREATHAWAY, to race 4-wide.
The move was legitimate had Mr May not been there, Mr Renault said, as Mr Munro was not making a forward movement. However, Mr May was progressing forward outside of Mr Munro. Mr Dunn’s explanation to the Stewards was that he thought Mr May was behind Mr Munro and it was, therefore, in order for him to shift out at that point.
Submissions for Penalty:
Mr Quirk told the Committee that Mr Dunn is a very busy driver – 406 drives this season before today – and has a clear record under the Rule. His record is a very good one and he has admitted the breach, Mr Quirk said.
Mr Quirk referred to the Penalty Guide starting point for a breach of the Rule – a 5 drive suspension or a $250 fine. He submitted that a fine of $200 would be an appropriate penalty.
Reasons for Penalty:
In determining penalty, the Committee took the Penalty Guide starting point for a breach of the Rule of a $250 fine. A suspension is not an appropriate penalty in this case. There are no aggravating factors. Mitigating factors to be taken into account are Mr Dunn’s very good record and his admission of the breach. We consider those factors to warrant a discount from the Penalty Guide starting point, and we have fixed that discount at $50.
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: 62e72d9552aae39e4c9ca8191bece3e4
informantnumber: A8913
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Pushout Rule
plea: admitted
penaltyrequired: 1
decisiondate: 17/04/2019
hearing_title: Rangiora HRC 14 April 2019 - R 6 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 6, Canterbury Print Service Fillies & Mares Mobile Pace, an information was filed by Stipendiary Steward, Mr R A Quirk, against Licensed Open Driver, Mr J R Dunn, alleging that Mr Dunn, as the driver of KOTARE YOLANDE in the race, “shifted outwards near the 1500 metres forcing DONEGAL ART CHOKIN (R T May) wider on the track”.
Mr Dunn’s wife, on Mr Dunn’s behalf, had signed the Statement by the Respondent on the information form indicating that Mr Dunn admitted the breach. Mr Quirk informed the Committee that Mr Dunn did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Mr Quirk had Stipendiary Steward, Mr S P Renault, show video replays of the incident with approximately 1500 metres to run. He pointed out Mr Dunn, driving, KOTARE YOLANDE, racing three places back on the markers with TAKEMYBREATHAWAY (B D J Munro) immediately to its outside. As the field rounded the first bend, Mr Dunn moved outwards forcing Mr Munro 3-wide and DONEGAL ART CHOKIN (R T May), which was improving forward around TAKEMYBREATHAWAY, to race 4-wide.
The move was legitimate had Mr May not been there, Mr Renault said, as Mr Munro was not making a forward movement. However, Mr May was progressing forward outside of Mr Munro. Mr Dunn’s explanation to the Stewards was that he thought Mr May was behind Mr Munro and it was, therefore, in order for him to shift out at that point.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Dunn having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Quirk told the Committee that Mr Dunn is a very busy driver – 406 drives this season before today – and has a clear record under the Rule. His record is a very good one and he has admitted the breach, Mr Quirk said.
Mr Quirk referred to the Penalty Guide starting point for a breach of the Rule – a 5 drive suspension or a $250 fine. He submitted that a fine of $200 would be an appropriate penalty.
reasonsforpenalty:
In determining penalty, the Committee took the Penalty Guide starting point for a breach of the Rule of a $250 fine. A suspension is not an appropriate penalty in this case. There are no aggravating factors. Mitigating factors to be taken into account are Mr Dunn’s very good record and his admission of the breach. We consider those factors to warrant a discount from the Penalty Guide starting point, and we have fixed that discount at $50.
penalty:
Mr Dunn is fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)&(6)(b)&(c)
Informant: R A Quirk, Stipendiary Steward
JockeysandTrainer: J R Dunn, Licensed Open Driver
Otherperson: S P Renault, Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 7455d5d050c6b0d3ead8e0bea3f2eeb1
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
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meetid: 072f43e58dd18ccc18ce947b4bdf4168
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meetdate: 14/04/2019
meet_title: Rangiora HRC - 14 April 2019
meet_expappcomment:
meet_km:
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tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: OJarvis
meet_pm2: none
name: Rangiora HRC