Banks Peninsula TC 21 November 2021 – R8 – John Dunn

ID: RIB5938

Respondent(s):
John Dunn - Driver

Applicant:
Mr Paul Williams - Stipendiary Steward

Adjudicators:
Dave Anderson

Persons Present:
Mr P Williams, Mr S Renault - Stipendiary Steward and Mr Dunn

Information Number:
A16719

Decision Type:
Race Related Charge

Charge:
Shifting outwards forcing another runner wider on the track prior to the 1000m.

Rule(s):
869(4) - Riding/driving infringement - Push out rule., 869(6)(b)(c) - Riding/driving infringement

Plea:
Admitted

Animal Name:
JOURNO

Code:
Harness

Race Date:
21/11/2021

Race Club:
Banks Peninsula Trotting Club

Race Location:
Motukarara Racecourse - 43 Duck Pond Road, Motukarara, 7672

Race Number:
R8

Hearing Date:
21/11/2021

Hearing Location:
Motukarara Racecourse

Outcome: Proved

Penalty: Driver John Dunn is fined $250.

SUMMARY OF FACTS:

Following the running of Race 8, Stipendiary Steward Mr Paul Williams presented an Information alleging a breach of Rule 869(4)(6)(b)(c) by Driver Mr John Dunn which was admitted. Mr Dunn confirmed his admission to the Committee and stated he was conversant with the Push-out Rule.

EVIDENCE:

Mr Williams with the assistance of Mr Renault showed the race replay and identified Mr Dunn driving JOURNO 3 back on the rail approaching the 1700m. Mr Renault pointed to Mr Dunn’s horse racing fiercely and showed him shift out as they negotiated the crossing. Mr Williams said this shift forced HONOR SCROLL to race 3 wide until it was able to cross to the parked position. This he said resulted in JOURNO receiving a much more favorable run than it was entitled to.

Mr Dunn said his horse was racing unkindly but on viewing the replay could see the Rule had been breached.

REASON FOR DECISION:

Mr Dunn has admitted the breach and accordingly found to be proved.

SUBMISSION FOR PENALTY:

Mr Williams said Mr Dunn has a clear record and the $250 fine starting point is appropriate in this case. He said the aggravating feature is Mr Dunn, by his actions, has secured a run that should not have been available to him and finished in second place. He submitted a fine of $250 was appropriate.

Mr Dunn said a fine of $200 was more appealing.

REASON FOR PENALTY:

The Penalty Guidelines provide a 5 drive suspension or a $250 fine as a starting point for this Rule. The Committee considered a fine is warranted in this case. The mitigating factors of Mr Dunn’s record and admission are nullified by the consequences and advantages of the clear push-out breach.

CONCLUSIONS:

Mr Dunn is fined $250.

Decision Date: 21/11/2021

Publish Date: 23/11/2021