Ashburton TC 27 October 2025 – R2 – John Dunn

Following the running of Race 2, OHM Sweet OHM Pace, Licensed Open Driver John Dunn, admitted a charge that, as the Driver of GOTTA LATHER UP in the race, he “drove carelessly leaving the final bend when allowing his horse to strike the wheel of EDICT (Tim Williams), which punctured”.

Rule 869 provides as follows:

(3)  No driver in any race shall drive:-

     (b)  carelessly

EVIDENCE:

Chief Stipendiary Steward Nigel McIntyre, showed video replays of the incident as the field turned into the final straight. GOTTA LATHER UP, driven by Mr Dunn, was racing three places back on the markers following EDICT, driven by Mr Williams, which was trailing the leader, and eventual winner, ROCKIN ROMAN (Blair Orange).

Mr McIntyre said that rounding the bend, Mr Dunn’s runner got awkwardly placed on the back of Mr Williams’ runner, and he was able to point out that the off-front leg of Mr Dunn’s runner, made contact with the inside sulky wheel of Mr Williams’ runner. He said that, initially, Mr Williams had gone to come to the outside, but there was never a full run for Mr Dunn, who had anticipated a run. As a consequence, the tyre of Mr Orange’s runner punctured.

Mr Dunn pointed out that he had not beaten Mr Williams home. Mr Williams had begun to shift out, but had come back down. He was too late in taking a hold of his runner, he said.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Mr Dunn has had 539 drives this season and has clear record under the Careless Driving Rule.

He referred to the Penalty Guide, which provides a starting point for penalty for a first careless driving striking a wheel, of a $300 fine. That would be an appropriate penalty, Mr McIntyre submitted.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) suggests a starting point for penalty of a $300 fine for a first breach of careless driving striking a wheel, “the consequences of the action going to penalty”. Those consequences, in this case, are that EDICT sustained a punctured tyre on the turn into the final straight. Of course, it is impossible to accurately assess the actual effect on that runner, but it is by no means certain that, so close to home, it would necessarily have suffered any drag or performance loss. The Adjudicative Committee noted that EDICT finished 2nd in the race, ahead of GOTTA LATHER UP, which finished 3rd.

Accordingly, the Adjudicative Committee was satisfied that no uplift to the Penalty Guide starting point was called for.

The level of carelessness was low and the contact was minor. Mitigating factors are Mr Dunn’s admission of the breach and his exceptional record. A combination of those factors warrants a discount from the Penalty Guide starting point of a $300 fine. The Adjudicative Committee fixes the discount at $50.

CONCLUSION:

Licensed Open Driver John Dunn, is fined $250.