Oamaru HRC 6 March 2024 – R5 – Lionel Dobbs

ID: RIB39879

Respondent(s):
Lionel Graham Dobbs - Driver

Applicant:
Mr Nigel McIntyre - Manager of Stewards

Adjudicators:
Geoff Hall

Information Number:
A21259

Decision Type:
Race Related Charge

Charge:
Diminishing chances

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

Plea:
Admitted

Animal Name:
BETTERTHANDIVA

Code:
Harness

Race Date:
06/03/2024

Race Club:
Oamaru Harness Racing Club

Race Location:
Oamaru Racecourse - Highway 1, Oamaru North, Oamaru, 9494

Race Number:
R5

Hearing Date:
06/03/2024

Hearing Location:
Oamaru

Outcome: Proved

Penalty: Driver Lionel Dobbs is suspended 7 days

Mr McIntyre alleged that Mr Dobbs in Race 5, failed to give his horse BETTERTHANDIVA any respite throughout the running, resulting in his diminishing the chances of his runner.

Mr McIntyre demonstrated on the videos that Mr Dobbs urged the mare, which had drawn 5 in the 2000 metre race, forward at the start. BETTERTHANDIVA was working hard to get to the lead. Mr Dobbs persisted and by the mile mark, the horse had the lead. He continued to urge his horse despite Mr B Williamson coming up on his outside looking for the lead for the length of the home straight. At the winning post with a lap to run, he was still in the lead and shortly after, Mr Williamson dropped in to take the trail.

Mr McIntyre said for 800 metres, Mr Dobbs had given his horse no respite. He was flicking the reins at the horse to get it to go. Mr McIntyre believed that at around the 1000 metres mark, BETTERTHANDIVA had attempted to pull up. From the 800 metre mark, the horse lost ground and eventually dropped out finishing last, some distance behind the second last horse.

Mr McIntyre said Mr Dobbs had over-driven BETTERTHANDIVA. She had worked hard in the early stages and then was given no respite. The better option for Mr Dobbs was to let Mr Williamson go to the front and follow him. The Veterinarian had reported that the mare was slow to recover and had a high heart rate.

Mr Dobbs said BETTERTHANDIVA wanted to go when Mr Williamson came up outside. The mare went back on the bit. She would drop the bit when she got to the front, and he had to keep at her by slapping the reins. If the horse had not dropped out of the race he believed he would not have been charged. In hindsight, he recognised he should have followed Mr Williamson. But the horse was nice and relaxed today. She was on the bit and wanting to go. In the heat of the race, he had kept the lead.

Decision

As Mr Dobbs has admitted the breach, it is found to be proved.

Submissions as to Penalty

Mr McIntyre produced the Respondent’s record which showed that Mr Dobbs with the 6-month reset, had no previous breach of this Rule. Mr Dobbs had had a previous breach of the Rule in November 2022. Mr McIntyre submitted a penalty at the level of the 8-day starting point in the Penalty Guide was appropriate.

Mr Dobbs did not believe a penalty of this magnitude should be imposed. He did not seek a deferment of penalty.

Reasons for Penalty

Mr Dobbs has given BETTERTHANDIVA no respite in the run. She worked hard to get to the lead and when Mr Williamson came up alongside, he continued to push the mare forward for some distance. Eventually she dropped out of the race and finished a clear last. The Penalty Guide provides a starting point of an 8-day suspension for a first such breach. A mitigating factor is that Mr Dobbs has admitted the breach. There are no aggravating factors. A one-day reduction from the starting point is appropriate.

Conclusion

Mr Dobbs is suspended for 7 days. This starts at the conclusion of today’s meeting and is up to and including 1 April.

Decision Date: 06/03/2024

Publish Date: 08/03/2024