Non Raceday Inquiry RIU v C Smith – Decision dated 23 June 2016 – Chair, Prof G Hall
ID: JCA11081
Decision:
BEFORE A JUDICIAL COMMITTEE OF
THE JUDICIAL CONTROL AUTHORITY
UNDER THE RACING ACT 2003
AND IN THE MATTER of the New Zealand Rules of Harness Racing
BETWEEN RACING INTEGRITY UNIT (RIU)
Informant
AND CRAIG SMITH
Junior Horseman
Respondent
Information: A8353
Judicial Committee: Prof G Hall, Chairman
Registrar: Mr L Tidmarsh
Appearing: Mr S Renault, Stipendiary Steward, for the Informant
The Respondent in person
Hearing and decision: 23 June 2016
DECISION OF JUDICIAL COMMITTEE
[1] The Respondent, Mr Smith, is the holder of a Junior Horseman’s licence under the Rules of Harness Racing.
[2] Mr Smith is charged under r 869(2)(a) that on 9 June 2016, at a race meeting conducted by the Forbury Park Trotting Club at Dunedin in race 8, the TITAN BANNER THIRD IN THE JEWELS MOBILE PACE 3YO+ C1 2200 metres, as the driver of VANHALEM, he used his whip excessively from the 300 metres.
[3] Mr Smith stated that he had viewed the videos of the finish of the race and he admitted the breach. He stated that he did not wish to have the assistance of a senior horseman.
[4] Rule 869(2)(a) provides: “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner.”
[5] Mr Renault produced a letter from Mr Godber, General Manager of the RIU, dated 22 June, which authorised the laying of the charge.
[6] Mr Renault demonstrated on the videos that the respondent used his whip some 23 times in the run up the home straight. He said Mr Smith had failed to break up his use of the whip.
[7] Mr Smith stated this was his first winning drive and consequently he had become over-excited. He was not thinking about the number of strikes at the time.
[8] Mr Renault produced the respondent’s record, which was clear under the Rules. He said this was Mr Smith’s first season and he had had 32 drives. He submitted a penalty of a $300 fine was appropriate.
[9] Mr Smith emphasised as he was living on a stable-hand’s wages that the fine be as low as possible.
[10] The Penalty Guide recommends a starting point of $500. The breach is at the lower end of the scale, but not at the very bottom. There are 23 strikes but there is only one very slight pause, and nothing of real note. There is no issue with the forcefulness of the strikes. There is no movement up or down in the starting point for this factor.
[11] There are very evident mitigating factors. Mr Smith has readily admitted the breach and given the explanation that in the heat of the moment in driving his first winner he has failed to appreciate he was using the whip excessively.
[12] This admission and Mr Smith’s good record reduce the penalty to a level of $300. However, when regard is had to his junior status, and more particularly that this is his first breach of the Rules and it was committed in circumstances where he was driving his first winner, there is a further discount of $50.
[13] Mr Smith is fined the sum of $250 and reminded of his obligations under the Rules of Harness Racing.
Dated at Dunedin this 23rd day of June 2016.
Geoff Hall, Chairman
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 27/06/2016
Publish Date: 27/06/2016
JCA Decision Fields (raw)
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hearingid: 1264f448b8e4dd72cf1ba9a1c313a798
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decisiondate: 27/06/2016
hearing_title: Non Raceday Inquiry RIU v C Smith - Decision dated 23 June 2016 - Chair, Prof G Hall
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appealdecision: NO LINKED APPEAL DECISION
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Decision:
BEFORE A JUDICIAL COMMITTEE OF
THE JUDICIAL CONTROL AUTHORITY
UNDER THE RACING ACT 2003
AND IN THE MATTER of the New Zealand Rules of Harness Racing
BETWEEN RACING INTEGRITY UNIT (RIU)
Informant
AND CRAIG SMITH
Junior Horseman
Respondent
Information: A8353
Judicial Committee: Prof G Hall, Chairman
Registrar: Mr L Tidmarsh
Appearing: Mr S Renault, Stipendiary Steward, for the Informant
The Respondent in person
Hearing and decision: 23 June 2016
DECISION OF JUDICIAL COMMITTEE
[1] The Respondent, Mr Smith, is the holder of a Junior Horseman’s licence under the Rules of Harness Racing.
[2] Mr Smith is charged under r 869(2)(a) that on 9 June 2016, at a race meeting conducted by the Forbury Park Trotting Club at Dunedin in race 8, the TITAN BANNER THIRD IN THE JEWELS MOBILE PACE 3YO+ C1 2200 metres, as the driver of VANHALEM, he used his whip excessively from the 300 metres.
[3] Mr Smith stated that he had viewed the videos of the finish of the race and he admitted the breach. He stated that he did not wish to have the assistance of a senior horseman.
[4] Rule 869(2)(a) provides: “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner.”
[5] Mr Renault produced a letter from Mr Godber, General Manager of the RIU, dated 22 June, which authorised the laying of the charge.
[6] Mr Renault demonstrated on the videos that the respondent used his whip some 23 times in the run up the home straight. He said Mr Smith had failed to break up his use of the whip.
[7] Mr Smith stated this was his first winning drive and consequently he had become over-excited. He was not thinking about the number of strikes at the time.
[8] Mr Renault produced the respondent’s record, which was clear under the Rules. He said this was Mr Smith’s first season and he had had 32 drives. He submitted a penalty of a $300 fine was appropriate.
[9] Mr Smith emphasised as he was living on a stable-hand’s wages that the fine be as low as possible.
[10] The Penalty Guide recommends a starting point of $500. The breach is at the lower end of the scale, but not at the very bottom. There are 23 strikes but there is only one very slight pause, and nothing of real note. There is no issue with the forcefulness of the strikes. There is no movement up or down in the starting point for this factor.
[11] There are very evident mitigating factors. Mr Smith has readily admitted the breach and given the explanation that in the heat of the moment in driving his first winner he has failed to appreciate he was using the whip excessively.
[12] This admission and Mr Smith’s good record reduce the penalty to a level of $300. However, when regard is had to his junior status, and more particularly that this is his first breach of the Rules and it was committed in circumstances where he was driving his first winner, there is a further discount of $50.
[13] Mr Smith is fined the sum of $250 and reminded of his obligations under the Rules of Harness Racing.
Dated at Dunedin this 23rd day of June 2016.
Geoff Hall, Chairman
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