NZ Metro TC 1 December 2023 – R5 – John Dunn

ID: RIB30366

Respondent(s):
John Dunn - Driver

Applicant:
Chief RIB Steward - Mr Nigel McIntyre

Adjudicators:
Dave Anderson (Chair), Russell McKenzie

Persons Present:
Stipendiary Steward - Mr Shane Renault, Mr McIntyre and Mr Dunn

Information Number:
A21255

Decision Type:
Race Related Charge

Charge:
Careless Driving - shifting ground checking another runner

Rule(s):
869(3)(b) - Riding/driving infringement

Plea:
Admitted

Animal Name:
TYRON EROS

Code:
Harness

Race Date:
01/12/2023

Race Club:
NZ Metropolitan Trotting Club Inc

Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024

Race Number:
R5

Hearing Date:
01/12/2023

Hearing Location:
Addington Raceway, Christchurch.

Outcome: Proved

Penalty: Driver John Dunn is suspended for 3 days

EVIDENCE:

Following the running of Race 5, the Group 2 Lone Star Sires’ Stakes 2YO Championship Trot, Chief Stipendiary Steward Mr Nigel McIntyre presented an Information alleging a breach of Rule 869(3)(b) by Open Driver Mr John Dunn.

Mr Dunn stated he was conversant with the Rule and the Charge, and he confirmed his admittance of the breach.

Mr McIntyre played the video of the final 200m of the race to show Mr Dunn (TYRON EROS) racing on the inside and full of running. He pointed to TORQUAY STREET (J Morrison) racing outside TYRON EROS and showed Mr Dunn shift his horse into the line of TORQUAY STREET, who had a horse to its outside. Mr McIntyre said at this point, Mr Morrison has had to check his horse out of its position.

Mr Dunn made no comment on the incident.

DECISION:

The Respondent having admitted the breach, the Charge was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said Mr Dunn has had 684 drives this season and his record is clear. He said the Stewards viewed this breach at a mid to low level and consideration could be given to Mr Dunn for his record, and that Mr Morrison’s horse was perhaps battling when checked.

Mr Dunn made no submissions on penalty, but asked for a deferment of any proposed suspension until after 10 December.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 5-day suspension for a mid-range breach at Group Race level.

The Adjudicative Committee considers this breach to be at low range. The two Drivers, one with a horse full of running, the other battling, could see the inevitable scenario arising and have manoeuvred in a manner preventing any contact and a more serious incident. However, TORQUAY STREET has been checked.

The Adjudicative Committee adopted a 4-day starting point and with mitigating factors of admission and a clear record, found a 3-day suspension to be the appropriate sanction.

Mr Dunn’s request for deferment was granted.

CONCLUSION:

Driver Mr John Dunn’s Licence to drive in races is suspended from the conclusion of racing on 10 December 2023, up to and including racing on 17 December 2023.

Decision Date: 01/12/2023

Publish Date: 04/12/2023