NZ Metro TC 4 April 2025 – R5 – John Dunn

Following the running of Race 5, XCM Sport Mobile Trot, Licensed Open Driver, John Dunn, admitted a charge that, as the Driver of FRAZZLED in the race, he “drove carelessly when shifting outwards near the 700 metres contacting the sulky wheel of PARAMOUNT LADY (Samantha Ottley), which was punctured”.

Rule 869 provides as follows:

(3)  No driver in any race shall drive:

      (b)  carelessly.

EVIDENCE:

Mr Williams showed the available video replays of the incident with approximately 700 metres to race. He pointed out FRAZZLED, driven by Mr Dunn, racing three places back in the one-out line following Ms Ottley’s runner, PARAMOUNT LADY. The Adjudicative Committee noted that FORGIVENESS (Paul Nairn), which had been trailing FRAZZLED, improved quickly past FRAZZLED and PARAMOUNT LADY.

Mr Williams was able to show, on the head-on replay, the off-front leg of FRAZZLED strike the outside sulky wheel of PARAMOUNT LADY, which punctured, he said.

Mr Dunn said that, when FORGIVENESS came around him, his horse which had been “a wee bit keen”, had overreacted. He had been hard on Ms Ottley’s helmet, he said. He did not think that the tyre had deflated immediately.

Mr Williams said that Ms Ottley did not finish in the first six placings. She reported to Stewards post-race that she had sustained a punctured tyre, but did not indicate the extent to which, if any, her chances had been affected.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams told the hearing that Mr Dunn has had 172 drives in the current season and, in the 2024 season, 832 drives.

He said that the Respondent is a very busy Driver and has a clear record under the Careless Driving Rule over the past 12 months.  He referred to the Penalty Guide starting point for a first breach of careless driving striking a wheel, a $300 fine. He submitted that, in all of the circumstances, a fine of $250 would be an appropriate penalty for this breach.

Mr Dunn did not wish to comment.

REASONS FOR PENALTY:

The Adjudicative Committee noted the provisions of the RIB Harness Racing Penalty Guide (October 2024). The starting point is a fine of $300. The Penalty Guide provides that the consequences of striking a wheel go to penalty. It is difficult, in this case, to assess the consequences to Ms Ottley’s runner, although its chances were unlikely to have been affected to a significant degree. It finished 7th of 10, over 9 lengths from the winner.

Mitigating factors are Mr Dunn’s very frank admission of the breach and his excellent record. For those factors, the Adjudicative Committee gives a discount of $50 from the Penalty Guide starting point.

CONCLUSION:

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