NZ Metro TC 9 December 2022 – R5 (heard 11 December 2022 at Methven) – John Dunn
ID: RIB14471
Animal Name:
TI AMO BELLE
Code:
Harness
Race Date:
09/12/2022
Race Club:
NZ Metropolitan Trotting Club Inc
Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024
Race Number:
R5
Hearing Date:
11/12/2022
Hearing Location:
Methven
Outcome: Proved
Penalty: Driver John Dunn is suspended for 2 days
Evidence:
Following the running of Race 5, the Respondent John Dunn denied a breach of Rule 869(3)(b). Mr Dunn appeared before the Adjudicative Committee after the last race, where it was advised the hearing would be preferred to be adjourned until Sunday 11 December 2022.
The charge was heard at the Methven Trotting Club’s meeting held at the Mt Harding Racecourse on 11 December 2022. At the commencement of the hearing, Mr Dunn advised that he would change his plea to one of admittance and he was conversant with the Rule and the charge.
Mr McIntyre showed the video of the incident and slowed the film to show the stride that Tl AMO BELLE struck the wheel of ITS SO EASY.
Decision:
Having now admitted the breach, the charge was deemed proved.
Submissions on Penalty:
Mr McIntyre stated that Mr Dunn breached this Rule on 26 June 2022 at Addington, but having more than 200 drives since, clears this from his record, however, he has had another at Timaru on 5 December 2022, which makes this breach his second within 6 months.
Mr McIntyre said Mr Dunn has only flicked the tyre, but ITS SO EASY has had to race with a flat tyre for the last lap. He assessed the breach as low level.
Mr Dunn asked for a deferment of any proposed penalty for 7 days.
Reasons for Penalty:
The Penalty Guide provides a suspension as penalty for a second breach of the Rule within 6 months, and the Adjudicative Committee agrees this breach to be in the low range. After consideration of all factors, the Adjudicative Committee finds a suspension of 2 days as an appropriate penalty in this case.
Conclusion:
Deferment is granted and Mr Dunn’s licence to drive in races is suspended for 2 days from the 22 December 2022 to 23 December 2022 inclusive.
Decision Date: 11/12/2022
Publish Date: 17/01/2023