Wyndham HRC 6 January 2013 – R 11
ID: JCA14284
Meet Title:
Wyndham HRC - 6 January 2013
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2013/01/06
Race Number:
R11
Decision:
As Mr Dunn admitted the breach we find the charge proved.
Penalty:
After affording a discount for the admission of the breach, we impose a fine of $150.
Charge:
Failing to come up into position prior to the start.
Facts:
Mr Allison demonstrated on the videos that ZEST PHILLY, which had drawn number 2 on the unruly mark, was not in position when the mobile commenced to roll. The videos show that Mr Dunn had taken ZEST PHILLY to behind the other 2 horses on the unruly mark and was circling the horse oblivious to the fact that the mobile had moved away. When he looks up and sees that the field has gone he urges ZEST PHILLY to catch the field. Unfortunately, when endeavouring to move up behind the mobile the horse breaks and is well behind the field at the time of dispatch. The horse also broke during the running and finished a long last.
Mr Dunn indicated to Mr Allison that he did not wish to attend the hearing. Mr Allison said Mr Dunn had told him that he did not hear the whistle and had been looking down because he was concerned that a shin boot may have come loose.
Submissions for Penalty:
Mr Allison submitted that it was a moment’s inattentiveness on the respondent’s part and he did not believe it had affected the outcome of the race with the horse breaking on 2 occasions. He submitted a fine of less than $200 was appropriate.
Reasons for Penalty:
We accept that the respondent did not hear the starter’s whistle on what was a very blustery day. However, he should have been aware the race was about to start and have been in position. The video clearly demonstrates he is some distance from the other horses on the unruly mark when the mobile starts rolling and that his head is looking down. We also accept he may have been focusing on the shin boot which had worked loose previously. However, he is some 50 metres behind the other horses that are on the unruly mark when the mobile commences to move.
Mr Dunn is a very busy driver, and has an excellent record, with no previous breaches of this rule.
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: 702dfab0d5e711f83fd9b488ba04c3fb
informantnumber: 1343
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 18/12/2012
hearing_title: Wyndham HRC 6 January 2013 - R 11
charge:
Failing to come up into position prior to the start.
facts:
Mr Allison demonstrated on the videos that ZEST PHILLY, which had drawn number 2 on the unruly mark, was not in position when the mobile commenced to roll. The videos show that Mr Dunn had taken ZEST PHILLY to behind the other 2 horses on the unruly mark and was circling the horse oblivious to the fact that the mobile had moved away. When he looks up and sees that the field has gone he urges ZEST PHILLY to catch the field. Unfortunately, when endeavouring to move up behind the mobile the horse breaks and is well behind the field at the time of dispatch. The horse also broke during the running and finished a long last.
Mr Dunn indicated to Mr Allison that he did not wish to attend the hearing. Mr Allison said Mr Dunn had told him that he did not hear the whistle and had been looking down because he was concerned that a shin boot may have come loose.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Dunn admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Allison submitted that it was a moment’s inattentiveness on the respondent’s part and he did not believe it had affected the outcome of the race with the horse breaking on 2 occasions. He submitted a fine of less than $200 was appropriate.
reasonsforpenalty:
We accept that the respondent did not hear the starter’s whistle on what was a very blustery day. However, he should have been aware the race was about to start and have been in position. The video clearly demonstrates he is some distance from the other horses on the unruly mark when the mobile starts rolling and that his head is looking down. We also accept he may have been focusing on the shin boot which had worked loose previously. However, he is some 50 metres behind the other horses that are on the unruly mark when the mobile commences to move.
Mr Dunn is a very busy driver, and has an excellent record, with no previous breaches of this rule.
penalty:
After affording a discount for the admission of the breach, we impose a fine of $150.
hearing_type: Hearing
Rules: 857(7)(g)
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer: Mr D Dunn - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 984301ec792d2b09050dcac4bbe6e2b5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3f3acaf77d572976ecb8fa421098cb63
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/01/2013
meet_title: Wyndham HRC - 6 January 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wyndham-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Wyndham HRC