NZ Metro TC 18 February 2022 – R2 – John Dunn

SUMMARY OF FACTS:

Following the running of Race 2, NZB Standardbred Mobile Pace, the Respondent, Driver John Dunn, admitted a breach of Rule 869(7A)(b) – namely, that he allowed his runner, DE LA RENTA, to shift in rounding the final bend resulting in the horse going over a pylon.

The Respondent endorsed the Information “I do admit the breach of the Rule”  and further confirmed that he did not wish to be present at the hearing of the Information. Mr McIntyre explained that Mr Dunn had sought to be excused from attending the hearing as he was busy with drives and attending to a number of runners from the stable. Mr Dunn being a Senior Driver and the breach being a minor one, his appearance was excused.

Rule 869(7A)(b) provides:

Every driver who moves inwards shall ensure that any part of the sulky does not protrude inside the marker line.

Using available video footage, Manager of Stewards, Nigel McIntyre, identified the horse involved – namely, DE LA RENTA, driven by Mr Dunn, racing against the pylons in the trail behind the leader, COACHELLA, as the field rounded the final bend. He then showed that Mr Dunn directed his horse to the inside and, in doing so, his sulky wheel went inside a pylon. Mr Dunn had improved his position by doing so, Mr McIntyre said. Mr Dunn had been spoken to by Stewards some 50 drives ago concerning a similar incident.

DECISION:

The charge is admitted by the Respondent and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre told the Adjudicative Committee that the Respondent has had 122 drives in the current season (since 1 January 2022) and, in the previous extended season, had 1208 drives.

The Penalty Guide (2018) provides for a starting point for a breach of “sulky protruding inside marker line” of a 4-drives suspension or a $200 fine, Mr McIntyre said. He submitted that a fine of $200 would be an appropriate penalty.

REASONS FOR PENALTY:

The Adjudicative Committee noted the Penalty Guide starting point of a $200 fine. This was a clear breach, admitted by the Respondent. There were no compelling reasons to depart from that starting point. DE LA RENTA was unable to beat the leader and finished well clear (2 lengths) of the  3rd-placed runner. No advantage had been gained.

CONCLUSION:

The Respondent, Driver John Dunn,  is fined the sum of $200.