Auckland TC 9 December 2022 – R7 – Robert Dunn
ID: RIB14474
Animal Name:
SOUNDOFCASH
Code:
Harness
Race Date:
09/12/2022
Race Club:
Auckland Trotting Club
Race Location:
Alexandra Park - Cnr Greenlane West & Manukau Road Greenlane, Auckland, 1051
Race Number:
R7
Hearing Date:
09/12/2022
Hearing Location:
Alexandra Park, Auckland
Outcome: Proved
Penalty: R & J Dunn Training Partnership - fined $200
EVIDENCE
Following the running of Race 7, the Caduceus Club NTHN Breeders Stakes Mobile Pace (G3) 2200m, Senior Stipendiary Steward Mr Mulcay filed an Information alleging the Dunn Training Partnership were in breach of Rule 865(2) in that SOUNDSOFCASH was presented to race without notified sliding blinds, this being the third breach of the Rule since 25 November 2022.
Mr Robert Dunn represented the Training Partnership at the hearing. He admitted the breach and endorsed the Information accordingly.
Stipendiary Steward Mr Williams advised the Adjudicative Committee that a charge of this nature would normally be dealt with by way of Minor Infringement Notice but given that this is the Training Partnership’s third breach since 25 November 2022, Stewards elected to file an Information.
Mr Dunn freely accepted facts and advised that the failure to present SOUNDSOFCASH without the notified side blinds was an oversight.
DECISION
The charge is admitted and is therefore proved.
SUBMISSIONS FOR PENALTY
Mr Williams submitted that Stewards were seeking a fine in the vicinity of $200 because this is the third breach in a short duration and the breach occurred in a Group 3 Race.
Mr Dunn advised that he has ‘no issue’ with the suggested penalty.
REASONS FOR PENALTY
The relevant Rules provide:
865(1) The trainer or person in control of a horse shall give notice, in the manner prescribed in the Approved Gear Regulations, of the notifiable gear to be worn by a horse in a totalisator race no later than the official deadline for the notification of drivers at the race meeting in which a horse is entered.
865(2) Every horse entered in a totalisator race shall be presented in the assembly area prior to the race in the same notifiable gear as that notified under sub-rule(1).
Under the Minor Infringement Schedule (MIS), a breach of Rule 865(2) is generally dealt with by way of a $100 fine. This is the Respondent’s third breach within the past 3 weeks. The previous breaches occurred on:
25 November 2022 at NZ Metro – $100 fine imposed.
02 December 2022 at Auckland TC – $100 fine imposed.
In addition to this being a repeated breach within a short period of time, the race was a Group 3. On that basis an uplift of $100 is applied to the starting point set out in the MIS. This uplift represents $50 for the repeated offending and a further $50 in recognition of the Group 3 status of the race.
CONCLUSION
A fine of $200 is imposed.
Decision Date: 09/12/2022
Publish Date: 17/01/2023