Timaru HRC 19 November 2022 – R9 – John Dunn

Summary of Facts:

Following the running of Race 9, the Respondent Mr John Dunn, admitted a breach of Rule 869 (3)(b); namely that ” J Dunn – EXCUSE MY FRENCH drove carelessly racing into the first bend when shifting inwards when insufficiently clear of CLYDE which was checked “.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Stipendiary Steward Mr Renault identified the horses involved in the incident namely, EXCUSE MY FRENCH driven by Mr Dunn, and CLYDE driven by Mr T Williams. He said Mr Dunn, after beginning well, with Mr Williams to his inside, has allowed his drive to shift inwards tightening CLYDE, who has clipped EXCUSE MY FRENCH’S mudguard, causing it to break for 3 strides and losing some ground.

In explanation, the Respondent stated he agreed with Mr Renault’s assessment.

Decision:

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

Submission for Penalty:

Stipendiary Steward Mr Renault produced the Respondent’s record which indicated a breach of the Rule on 26 June 2022, 290 drives ago resulting in Mr Dunn’s record being reset as clear.

Mr Renault added that Stewards assessed the breach as low and therefore a suspension of 2 days would be an appropriate penalty.

The Respondent made no submissions on penalty but sought a 7-day deferment to any proposed suspension.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of  a 10 drive suspension or a $500 fine.

After taking into account the submissions of both the Applicant and Respondent, noting the race film and the resultant impact on the affected runner, the Adjudicative Committee assessed the breach as low and adopted a 2-day suspension as the starting point.

After evaluating all of the factors, the Adjudicative Committee determined a 2-day suspension to be an appropriate penalty in the circumstances of this case.

Conclusion:

The Respondent was granted a deferment, and his licence to drive in races was suspended commencing after racing on 26 November 2022, up to and including racing on 3 December 2022.