Timaru HRC – 31 December 2007 – Race 3

hearingid: af8be88383f0f8bbd0080742cb5ff41e

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hearing_racingtype: harness-racing

startdate: 31/12/2007

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hearing_title: Timaru HRC - 31 December 2007 - Race 3

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Following the running of Race 3 an information was lodged by the Stipendiary Stewards under rule 869 (4) instigating a charge against Mr Dunn alleging that Mr Dunn drove his horse STAR DE VIE in a manner likely to cause interference

Following the running of Race 3 an information was lodged by the Stipendiary Stewards under rule 869 (4) instigating a charge against Mr Dunn alleging that Mr Dunn drove his horse STAR DE VIE in a manner likely to cause interference when attempting to hold out TOTALLY FARNCO (Mr S R McNally) after approximately 100 metres and continuing to do so for approximately 400 metres. The relevant rule reads:

869 (4) No horseman nor any horse shall during any race do anything which interferes or is likely to interfere with any other horseman and/or horse or its progress.

At the outset of the hearing confirmed that he Mr Dunn did not admit the breach of the rule.

Mr McIntyre said that Mr Dunn started from barrier position number 5 with STAR DE VIE with TOTALLY FRANCO (Mr McNally) drawn on its outside. He said that he observed Mr Dunn attempting to hold Mr McNally’s horse out when Mr McNally was attempting to ease down closer to the rail.

Mrs K. Williams, the Stipendiary Stewart situated in the box at the top of the straight for the race, said that after approximately 100 metres Mr McNally attempted to move Mr Dunn’s horse down and that they continued to jostle with each other both actively involved in that exercise for the next 400 metres. She said that both horses' heads were held round facing into each other and she believed that was bordering on dangerous. She said that Mr McNally was, in her view, in a position to move Mr Dunn’s horse down but that Mr Dunn refused to concede when he had every opportunity to do so over approximately 400 metres. It is her view that there was a lot of force involved in the action of both Mr Dunn and Mr McNally. She described the jostling as a poor drive on the part of Mr Dunn. Mrs Williams demonstrated the incident with the assistance of the video evidence.

Mr Dunn for his part said that he went out of the gate into the two out position with Mr McNally outside him and Mr McNally attempted to move him inwards and that he resisted. He said that both horses were pacing good and did not go rough and he believed that he had control over his horse at all times. He did accept that the movement went on for too long.

The Committee, after giving consideration to the evidence submitted formally finds the charge proven. The reasons for that are:

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• That although Mr Dunn was entitled to hold his position or pull out at his discretion for the actions to continue over approximately 400 metres was unacceptable
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• That although there was no interference such actions are likely to cause interference
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• There are real safety issues with such actions
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• Both Mr Dunn and Mr McNally lost contact with the horses in front while concentrating on the action between them, and
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• The Committee accepts Mr McIntyre’s view that it was an appalling display of horsemanship.
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Mr McIntyre recommended a monetary penalty and Mr Dunn indicated that he did not wish to say anything in respect of penalty. It was noted that Mr Dunn had not appeared before a Judicial Committee previously under this rule.

The Committee, after giving consideration to the submissions as to penalty, agrees that a monetary penalty only is appropriate and, accordingly, a fine of $250.00 is imposed.

B Coombes

CHAIRMAN

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hearing_type: Old Hearing

Rules: 869.4

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