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Timaru HRC 21 November 2010 – R 9

ID: JCA15573

Applicant:
Mr N McIntyre

Respondent(s):
Mr D Dunn, Licensed Junior Driver

Information Number:
69387

Hearing Type:
Hearing

Rules:
869(4)

Plea:
admitted

Meet Title:
Timaru HRC - 21 November 2010

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2010/11/21

Race Number:
R 9

Decision:

The charge was found proved.

Penalty:

Mr Dunn was fined the sum of $300.

Charge:

ausing or likely to cause interference

Facts:

Following the running of Race 9, Lion Beverages Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Mr D J Dunn), alleging that Mr Dunn, as the driver of KATCHAFILLIE, “drove in a manner causing interference when shifting JOYS UNDERWORLD (S P Walkinshaw) wider with approximately 850 metres to run causing JOYS UNDERWORLD to break and lose all chance”.
 
Mr Dunn was present at the hearing of the information. He was advised by the Committee that, as a Junior Driver, he was entitled to be assisted at the hearing by a senior horseman. Mr Dunn said that he waived that right and he indicated that he admitted the charge.
 
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.

Submissions for Decision:

Both parties agreed that the evidence presented at the earlier protest hearing applied in the context of the hearing of the charge and neither party wished to refer again to the video evidence
 

Reasons for Decision:

The Committee was satisfied, based on that evidence that Mr Dunn had driven in a manner causing interference to JOYS UNDERWORLD. The Committee also noted that Mr Dunn had admitted the breach.

 

Submissions for Penalty:

Mr McIntyre informed the Committee that Mr Dunn has had 311 drives in the current season to date and in the 2009/2010 season had 1,058 drives. His last breach of the Rule was on 3 April 2010 at New Zealand Metropolitan Trotting Club when he was fined the sum of $200. Mr McIntyre referred to Mr Dunn’s frank admission of the breach, but pointed out that Mr Dunn’s actions had resulted in the relegation of his horse. He submitted that a fine in the range of $300-400 was appropriate. Mr Dunn drives “in most races on most days”, he said.
 
Mr Dunn referred to the fact that it was 8 months since he was last charged, which was a good record, he submitted. He pointed out the stake for the race of $6,000 (in fact the race was for a stake of $7,000) which, he submitted, warranted a lesser fine than the fine of $300 imposed on another driver on Cup Day in a $20,000 race for a similar offence.

 

Reasons for Penalty:

 
The Committee took into account, in determining penalty, Mr Dunn’s admission of the breach and his good driving record, to which he had referred. Against these were aggravating factors – that his actions resulted in a relegation with consequential effects on the horse’s connections and the betting public, that the chances of another runner had been completely extinguished and that, in the Committee’s view, the breach was in the mid to high range. It involved a quite bad error of judgement by Mr Dunn.
 
The Committee noted that the starting point for a breach of Rule 869 (4) as provided in the Penalty Guide is a fine of $400 and/or a suspension of 2 weeks.
 

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: b5a1b2479e54fd2f6c5313336e01ff9b

informantnumber: 69387

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 22/11/2010

hearing_title: Timaru HRC 21 November 2010 - R 9

charge:

ausing or likely to cause interference

facts:

Following the running of Race 9, Lion Beverages Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Mr D J Dunn), alleging that Mr Dunn, as the driver of KATCHAFILLIE, “drove in a manner causing interference when shifting JOYS UNDERWORLD (S P Walkinshaw) wider with approximately 850 metres to run causing JOYS UNDERWORLD to break and lose all chance”.
 
Mr Dunn was present at the hearing of the information. He was advised by the Committee that, as a Junior Driver, he was entitled to be assisted at the hearing by a senior horseman. Mr Dunn said that he waived that right and he indicated that he admitted the charge.
 
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.

appealdecision:

isappeal:

submissionsfordecision:

Both parties agreed that the evidence presented at the earlier protest hearing applied in the context of the hearing of the charge and neither party wished to refer again to the video evidence
 

reasonsfordecision:

The Committee was satisfied, based on that evidence that Mr Dunn had driven in a manner causing interference to JOYS UNDERWORLD. The Committee also noted that Mr Dunn had admitted the breach.

 

Decision:

The charge was found proved.

sumissionsforpenalty:

Mr McIntyre informed the Committee that Mr Dunn has had 311 drives in the current season to date and in the 2009/2010 season had 1,058 drives. His last breach of the Rule was on 3 April 2010 at New Zealand Metropolitan Trotting Club when he was fined the sum of $200. Mr McIntyre referred to Mr Dunn’s frank admission of the breach, but pointed out that Mr Dunn’s actions had resulted in the relegation of his horse. He submitted that a fine in the range of $300-400 was appropriate. Mr Dunn drives “in most races on most days”, he said.
 
Mr Dunn referred to the fact that it was 8 months since he was last charged, which was a good record, he submitted. He pointed out the stake for the race of $6,000 (in fact the race was for a stake of $7,000) which, he submitted, warranted a lesser fine than the fine of $300 imposed on another driver on Cup Day in a $20,000 race for a similar offence.

 

reasonsforpenalty:

 
The Committee took into account, in determining penalty, Mr Dunn’s admission of the breach and his good driving record, to which he had referred. Against these were aggravating factors – that his actions resulted in a relegation with consequential effects on the horse’s connections and the betting public, that the chances of another runner had been completely extinguished and that, in the Committee’s view, the breach was in the mid to high range. It involved a quite bad error of judgement by Mr Dunn.
 
The Committee noted that the starting point for a breach of Rule 869 (4) as provided in the Penalty Guide is a fine of $400 and/or a suspension of 2 weeks.
 

penalty:

Mr Dunn was fined the sum of $300.

hearing_type: Hearing

Rules: 869(4)

Informant: Mr N McIntyre

JockeysandTrainer: Mr D Dunn, Licensed Junior Driver

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 36dae49a688222c50c0033668d92458c

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 9

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 64c4837c4c4506e717a8b73378746719

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 21/11/2010

meet_title: Timaru HRC - 21 November 2010

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: timaru-hrc

meet_racingtype: harness-racing

meet_chair: RMcKenzie

meet_pm1: SChing

meet_pm2: none

name: Timaru HRC