Cheviot HRC 6 April 2025 – R5 – John Dunn

Summary of Facts:

Following the running of Race 5, the Respondent Open Driver John Dunn, admitted a breach of Whip Rule 869(2).  The particulars of the charge are that when driving DAVE DULEY, he used his whip with more than a wrist flicking motion in the run home. 

Rule 869 provides that:

(2) No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Stipendiary Steward Matt Sole used available video footage to demonstrate the breach. He pointed out Mr Dunn driving DAVE DULEY, racing in the lead on the pylons, as the field turned for home. Mr Sole showed that Mr Dunn drew his whip and used it on at least 5 occasions with more than a wrist flicking motion, dispersed with compliant whip use, over the concluding stages of the race. He stated that the breach was mid level, due to the mix of non compliant and compliant strikes, without any return to a compliant form of whip use during the home straight.

Mr Dunn conceded that his whip action was in breach of the Rules and stated that he was at the horse throughout the race, in an effort to get the best out of the gelding.

 Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Sole produced the Respondent’s record, which indicated a warning for whip use being more than a wrist flicking motion, on 9 February 2025 at the Hororata Meeting. He added that Mr Dunn had driven on 181 occasions so far this season, with 832 drives last season.

He said that Stewards assessed the breach to be mid-level, due to the reasons set out in submissions. Mr Sole stated that the Penalty Guide provided a $500 fine or a 2 day suspension for a 1st breach, mid level offence under this Rule and submitted that a starting point of $500 be considered.

Mr Dunn submitted that a fine was preferred as penalty.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee assessed the breach as mid-level, due to the mix of non compliant and compliant strikes, with an absence of returning fully to a compliant use of the whip.

The Penalty Guide provides a $500 fine or 2-day suspension starting point for a first breach of this Rule for a mid- level offence.

It was determined that there were no aggravating factors to consider, therefore no uplift in penalty was warranted.

There were however, mitigating factors to consider, being Mr Dunn’s excellent penalty record for the number of drives he partakes in and his frank admission of the breach. A combined discount of $100 is afforded Mr Dunn for these factors.

Conclusion:

Mr Dunn is fined the sum of $400.