Wyndham HRC 18 November 2018 (heard 23 November 2018) – Penalty Decision dated 20 December 2018 – Chair, Prof G Hall

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decisiondate: 21/12/2018

hearing_title: Wyndham HRC 18 November 2018 (heard 23 November 2018) - Penalty Decision dated 20 December 2018 - Chair, Prof G Hall

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BEFORE A JUDICIAL COMMITTEE OF
THE JUDICIAL CONTROL AUTHORITY
UNDER THE RACING ACT 2003
AND IN THE MATTER of the New Zealand Rules of Harness Racing

BETWEEN RACING INTEGRITY UNIT (RIU)

Informant

AND PETER HUNTER
Open Horseman
Respondent

Information: A12457

Judicial Committee: Prof G Hall, Chairman - Mr M Conway, Member

Appearing: Mr V Munro, Stipendiary Steward, for the Informant

         Ms M J Thomas for the Respondent

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PENALTY DECISION OF JUDICIAL COMMITTEE

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[1] In our decision of 12 December last we found the respondent, Mr P Hunter, to be in breach of r 868(3) in that he was the driver of BUNTER’S DREAM in Race 9 at the Wyndham HRC meeting on 18 November 2018 and he failed to drive the horse out when it had a reasonable chance of running fourth.

[2] We called for and have now received written submissions from the parties.

[3] Mr Munro, in the Informant’s submission, first noted that the starting point for a breach under r 868(3) for 4th placing is $400, as provided by the JCA Penalty Guide.

[4] Mr Munro produced the respondent’s record which showed that Mr Hunter has had 2333 lifetime drives, 111 last season and 56 this season to date. Mr Hunter has an excellent record with no previous breaches of this rule.

[5] The RIU submitted that this breach was “not low range, not mid-range and not high range.” Mr Hunter simply did not drive his horse out over the final 50 metres when he had an opportunity to finish in 4th place.

[6] The aggravating factor was the betting public were denied a return on their investments, especially the first four investors.

[7] The RIU submitted a fine of $400 was the appropriate penalty.

[8] The respondent replied that he could not sensibly challenge the RIU submission that this was the appropriate penalty.

[9] We commented in our earlier decision that up until the last 50 metres the respondent’s drive was exemplary. We accept BUNTER’S DREAM had put in a very good performance and was tired but it is the fact Mr Hunter has sat still in the cart over last 50 metres that has resulted in his being in breach of the rule.

[10] We accept the informant’s submission, as does the respondent, that a starting point of $400 is appropriate.

[11] Mr Hunter’s record is clear under this rule. This warrants a $50 discount.

[12] We impose a fine of $350.

[13] The matter was heard on race day. There is no order for costs.

Dated at Dunedin this 20th day of December 2018.

Geoff Hall, Chairman
 

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