Auckland TC 16 February 2024 – R3 (heard 1 March 2024 at Alexandra Park) – John Dunn

Background:

This charge arises from Race 3 at the Auckland Trotting Club Meeting held 16/2/24. Mr John Dunn was charged with a breach of Rule 869(3)(b) (careless driving). On the night, Mr Dunn indicated that he wished to defend the charge. As a result of a key witness being unavailable due to leaving the Racecourse, a decision was made to adjourn the hearing until 1/3/24.

Prior to the commencement of the hearing on 1/3/24, Mr Dunn indicated that he wished to change his please and would admit the charge, having seen the head on footage.

Evidence:

Following the running of Race 3, the  NZB Standardbred Selling Mobile Pace 2200m, an Information was filed by Senior Stipendiary Steward Mr Mulcay alleging Open Driver Mr John Dunn, breached Rule 869(3)(b) when he “drove carelessly near the 2000m when shifting inwards forcing HAMPTON over the markers resulting in that runner breaking and hampering trailing runners”.

Mr Dunn endorsed the Information ‘I do admit the breach of the Rule.’

Rule 869(3)(b) provides:

No Driver in any race shall drive carelessly.

Using available video footage, Mr Mulcay identified the horses involved in the incident namely, MCKENDRICK (J Dunn) and HAMPTON (P Ferguson). Mr Mulcay said that as the field left the Mobile barrier from the 2200 metre start, both MCKENDRICK (gate 5) and HAMPTON (gate 4) showed good speed and were driven forward out of the gate to gain a position on the marker line. He said that Mr Dunn had gained an advantage over Mr Ferguson, who continued to drive forward just prior to the corner. Mr Mulcay then showed MCKENDRICK dictating HAMPTON over the markers where it subsequently broke, losing its chance. Mr Mulcay went on to say that Mr Dunn was looking to his inside during the manoeuvre and may have expected Mr Ferguson to take a hold (but he didn’t). He said that the onus is on the Driver shifting ground to ensure that any manoeuvre occurs without interference. Mr Mulcay identified that Mr Dunn did turn his horse’s head outwards to relieve any pressure on Mr Ferguson, but this was done too late to avoid the interference.

Mr Dunn stated that Mr Mulcay had got it “pretty right”. He submitted he was always ahead of Mr Ferguson, but wasn’t aware that Mr Ferguson was continuing to try and drive up underneath him. He said that he probably sat up a little early and that it was a terrible bend, referencing an occasion where he had suffered similar interference.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Mr Mulcay submitted that Mr Dunn had one previous breach of the Careless Driving Rule. This occurred at NZ Metro on 1 December 2023 and resulted in a 3 day suspension. He said that Mr Dunn has a good record, and he should be given credit for admitting the breach. He added that the breach is mid-range and that the Penalty Guide indicated a 4 day penalty. He said the Stewards would not be seeking an uplift in penalty.

Mr Dunn sought a deferment to any proposed suspension until after racing on 3 March 2024. He indicated that they were racing a team frequently in the North and he had driven at Cambridge twice in the last month and had intended driving there on their next meeting on 7 March.

Reasons for Penalty:

This is Mr Dunn’s second breach of the Rule within the 6-month, or two hundred drive reset period. His last breach occurred on 1 December 2023, and at the time of the breach, he had 181 drives. For a second breach, the Penalty Guide provides a starting point of a 4 day suspension for a mid range breach.

After taking into account the submissions and noting the resultant impact that Mr Dunn’s carelessness had on the race favourite HAMPTON, the level of carelessness was assessed to be in the mid-range. On that basis, a 4 day suspension was adopted as the starting point.

It is of note that Mr Dunn is a very busy Driver, and this is his second breach within the 6 month reset period. His record must therefore be considered as good and along with his admission of the breach, Mr Dunn is afforded a one day reduction from the starting point.

Conclusion:

Accordingly, Mr Dunn is granted a deferment until after racing on 3 March 2024. His Licence to drive in races is suspended for 3 days, commencing after racing on 3 March 2024 and concluding after racing on 8 March 2024.