NZ Metro TC 26 June 2022 – R4 – John Dunn

BACKGROUND:

Following the running of Race 4, Dunstan Horsefeeds Mobile Trot, The Respondent Driver John Dunn, admitted a breach if Rule 865(3)(b) in that, as the Driver of SILVER LININGS in the race, he struck the sulky wheel of NIGHT WATCH (Kerryn Tomlinson) near the 500 metres.

The Respondent endorsed the Information “I do admit the breach of the Rule”. He presented after the last race, having been unable to do so earlier, and requested that his attendance at the hearing be dispensed with. He explained that he had been looking after the stables’ runners single-handed at the meeting, and had also been busy driving, in particular, with drives in the last four races. His attendance was waived by the Adjudicative Committee.

Rule 869(3)(b) provides:

No driver shall in any race drive carelessly. 

EVIDENCE:

Mr Williams showed video replays of the incident with approximately 500 metres to run. He pointed out SILVER LININGS, driven by the Respondent, racing in the one-one position trailing the parked runner, NIGHT WATCH, driven by Kerryn Tomlinson. He then showed that Mr Dunn eased his runner out to the outside of NIGHT WATCH to make a run and, in doing so, the near front leg of his runner contacted the outside sulky wheel of that runner, causing the tyre to deflate.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Respondent is a very busy Driver. He has had 413 drives this season and has a clear record. The Penalty Guide starting point is a fine of $300. Relevant factors are Mr Dunn’s good record  and admission of the breach and, a possible aggravating factor, the consequential effects on Miss Tomlinson’s runner, Mr Williams said.

REASONS FOR PENALTY:

The Penalty Guide starting point is a fine if $300. Mr Dunn’s record is exceptional and he has admitted the breach. The Adjudicative Committee does not consider the interference to Miss Tomlinson’s drive to be an aggravating factor that should be taken into account. It appeared that her runner was beginning to give ground at the time of the incident, so its chances were not likely affected.

The breach is low-level and involved a slight error of judgement on Mr Dunn’s part. It can adequately be dealt with by way of a fine. A discount of $50 from the Penalty Guide starting point is given for the mitigating factors referred to.

CONCLUSION:

Driver, John Dunn, is fined the sum of $250.