Archive Decision

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Wyndham HRC – 18 January 2011 – R4

ID: JCA16098

Applicant:
Mr Allison

Respondent(s):
Mr D Dunn

Information Number:
69126

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Wyndham HRC - 18 January 2011

Meet Chair:
Ghall

Meet Committee Member 1:
DSteel

Race Date:
2011/01/18

Race Number:
R 4

Decision:

We find the breach proved.

Penalty:

Balancing these factors, we believe a fine of $225 is appropriate.

Charge:

Mr Allison, stipendiary steward, has alleged that Mr Dunn with approximately 300 metres to run has attempted to improve between MUSTANG JACCKA (A Armour) and MISS OPTIMISTYX (B Barclay) when there was insufficient room causing his horse CRUSH to break.

Facts:

With approximately 300 metres to run Mr Dunn attempted to improve between MUSTANG JACCKA (A Armour) and MISS OPTIMISTYX (B Barclay) when there was insufficient room. The result was the carts of  MUSTANG JACCKA and CRUSH touched and CRUSH broke.

Submissions for Decision:

Mr Allison demonstrated that when turning for home Mr Dunn endeavoured to improve on the outside of the leading horse when there was insufficient room between that horse and the horse racing on its outside.

Mr Dunn agreed with this, but said there had been a gap but it had closed quickly. He added Mr Armour's horse was hanging out. Mr Allison accepted this.

Reasons for Decision:

Mr Dunn has admitted the breach.

Submissions for Penalty:

Mr Allison asked for a penalty in the range of $250 to $300.

Mr Dunn said he believed this was excessive as he caused interference to no horse other than his own and asked us to take into account that the stake for the race was only $3000.

Reasons for Penalty:

We have seen from the videos that when turning for home Mr Dunn endeavoured to improve on the outside of the leading horse when there was insufficient room between that horse and the horse racing on its outside. The gap we accept was slightly larger when he commenced his move and closed up as he progressed into the gap.

However, we agree with Mr Allison that there was never room for both the horse and the cart. There was just room for the horse. We take into account that Mr Armour’s horse was hanging out and that this has complicated matters.

With respect to Mr Dunn’s record, it is a very good record considering the fact that Mr Dunn has had over 500 drives this season and has only been found to have been in breach of r 869(4) (driving in a manner likely to cause interference) twice since April 2010.

We also take into account his ready admission of the breach and also the fact that the stake was only $3000, in that it was a Tuesday meeting. However, we also note that Mr Dunn’s actions caused his horse CRUSH to break losing all chance.

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: bbd87980f74fc03b3d4445cd1b377b34


informantnumber: 69126


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2010


hearing_title: Wyndham HRC - 18 January 2011 - R4


charge:

Mr Allison, stipendiary steward, has alleged that Mr Dunn with approximately 300 metres to run has attempted to improve between MUSTANG JACCKA (A Armour) and MISS OPTIMISTYX (B Barclay) when there was insufficient room causing his horse CRUSH to break.


facts:

With approximately 300 metres to run Mr Dunn attempted to improve between MUSTANG JACCKA (A Armour) and MISS OPTIMISTYX (B Barclay) when there was insufficient room. The result was the carts of  MUSTANG JACCKA and CRUSH touched and CRUSH broke.


appealdecision:


isappeal:


submissionsfordecision:

Mr Allison demonstrated that when turning for home Mr Dunn endeavoured to improve on the outside of the leading horse when there was insufficient room between that horse and the horse racing on its outside.

Mr Dunn agreed with this, but said there had been a gap but it had closed quickly. He added Mr Armour's horse was hanging out. Mr Allison accepted this.


reasonsfordecision:

Mr Dunn has admitted the breach.


Decision:

We find the breach proved.


sumissionsforpenalty:

Mr Allison asked for a penalty in the range of $250 to $300.

Mr Dunn said he believed this was excessive as he caused interference to no horse other than his own and asked us to take into account that the stake for the race was only $3000.


reasonsforpenalty:

We have seen from the videos that when turning for home Mr Dunn endeavoured to improve on the outside of the leading horse when there was insufficient room between that horse and the horse racing on its outside. The gap we accept was slightly larger when he commenced his move and closed up as he progressed into the gap.

However, we agree with Mr Allison that there was never room for both the horse and the cart. There was just room for the horse. We take into account that Mr Armour’s horse was hanging out and that this has complicated matters.

With respect to Mr Dunn’s record, it is a very good record considering the fact that Mr Dunn has had over 500 drives this season and has only been found to have been in breach of r 869(4) (driving in a manner likely to cause interference) twice since April 2010.

We also take into account his ready admission of the breach and also the fact that the stake was only $3000, in that it was a Tuesday meeting. However, we also note that Mr Dunn’s actions caused his horse CRUSH to break losing all chance.


penalty:

Balancing these factors, we believe a fine of $225 is appropriate.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr Allison


JockeysandTrainer: Mr D Dunn


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 7a3bdf074fc3fdd5b9f49adb217445dc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 94952e62d45ef099e4a046ca16677de4


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 18/01/2011


meet_title: Wyndham HRC - 18 January 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "Ghall", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}, {"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "DSteel", "Member": "", "OtherExpenses": "0", "KMs": "362", "Total": "224.44", "kmprice": 224.44, "Approved": "on"}]


meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: Ghall


meet_pm1: DSteel


meet_pm2: none


name: Wyndham HRC