Non Raceday Inquiry RIU v M Johnson – Decision dated 16 February 2017 – Chair, Mr B Scott

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hearing_title: Non Raceday Inquiry RIU v M Johnson - Decision dated 16 February 2017 - Chair, Mr B Scott

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Non Raceday Inquiry – RIU v M Johnson

IN THE MATTER of the New Zealand Rules of Harness Racing

BETWEEN RACING INTEGRITY UNIT – Informant

AND Mark Johnson – Respondent – Junior Horseman

Informant: John Muirhead (Stipendiary Steward)

Respondent: Mr Mark Johnson – Junior Horseman HRNZ

Rule: 869(2)(a)

Information: A3749

Charge: Excessive use of the whip

Judicial Committee: Mr B Scott (Chairman) – Mr A Godsalve (Committee Member)

Venue: Cambridge Raceway, Cambridge

Date of Hearing: 16 February 2017

Date of Decision: 16 February 2017

 
DECISION OF JUDICIAL COMMITTEE

Evidence:
This was a Non Raceday Hearing heard before the first race at the Harness Racing Waikato meeting at Cambridge Raceway on the 16th of February 2017.

It arose out of Race 7 at the Harness Racing Waikato meeting held at Tauranga Racecourse on the 5th of February 2017.
The Informant was Stipendiary Steward, Mr JM Muirhead. Mr Muirhead had prior to the hearing produced a letter from the Manager of the RIU authorising the charge to proceed.

The Information alleged that Mr Johnson driving WHALE RIDER used his whip excessively over the final stages.

Rule 869(2)(a) provides: No horseman shall during any race use his whip in an unnecessary, excessive or improper manner.

Mr Johnson was present and he acknowledged that he understood the Rule and that he admitted the breach. Mr Johnson was assisted by Trainer Mr RJ Lawson.

Mr Muirhead demonstrated the incident by use of the race films. He showed where Mr Johnson was in or near the lead on the home turn and he then activated the gear on his horse and then used the whip 14 times in the home straight. He said that Mr Johnson said he was hitting the dust sheet and that the Stewards did not disbelieve that but it was still outside the Whip Guidelines.

Mr Johnson agreed with Mr Muirhead's statement of facts and did say that he was hitting the dust sheet. He acknowledged that he was aware of the new Whip Guidelines that came into force on the 1st of December 2016. He acknowledged that the guidelines specified 10 strikes with the whip in the last 400 metres and anything above that is excessive.

Decision:
The breach is admitted and therefor the charge is upheld.

Submission for Penalty:
Mr Muirhead said that this incident was at the lower end of the scale and he also said that Mr Johnson is a Junior Horseman and he has not had a breach of this Rule previously. He submitted that a fine of $300 was appropriate.

Mr Lawson confirmed the mitigating factors as stated by Mr Muirhead.

Reasons for Penalty:
The films are very clear and the Committee agrees that the incident is at the lower end of the scale. The Committee reminded the parties that the starting point penalty under this Rule is a fine of $500 for a first offence.

The Committee takes into account the fact that Mr Johnson is a Junior Horseman and his good record under this Rule. The Committee noted that Mr Johnson has had 100 drives before tonight’s meeting.

The Committee believes that in the interests of consistency that a fine of $300 is appropriate. The Committee did advise Mr Johnson that the JCA Penalty Guidelines provide that a second breach of this Rule within 6 months will mean a suspension of his Licence for at least 3 days.

Penalty:
The Committee imposes a fine of $300 on Mr Johnson and confirms the above warning that was verbally advised to him.

This was a Non Raceday hearing but in the circumstances it was not appropriate for any orders as to costs to be made.

B Scott          A Godsalve
Chairman      Committee Member

16 February 2017
 

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