Non Raceday Inquiry RIU v D Keast – Penalty Decision dated 13 December 2019 – Chair, Mr S Ching

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hearing_title: Non Raceday Inquiry RIU v D Keast - Penalty Decision dated 13 December 2019 - Chair, Mr S Ching

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BEFORE A JUDICIAL COMMITTEE

IN THE MATTER of the New Zealand - Rules of Harness - - Racing

IN THE MATTER of Information No. A10898

BETWEEN SHANE RENAULT

Stipendiary Steward for the Racing Integrity Unit

Informant

AND-DARREN KEAST, Licensed Junior Horseman

Respondent

Date of Hearing:-13 December 2019

Venue: -Addington Raceway

Judicial Committee:-S Ching (Chair)

R McKenzie (Panellist)

Present:-S Renault, the Informant

D Keast, the Respondent

C Tibbs, Stipendiary Steward

Date of Decision:-13 December 2019

PENALTY DECISION OF JUDICIAL COMMITTEE

The Charge

[1]-Information No. A10898 alleges that:

At the Geraldine Trotting Club’s meeting on 23 November 2019, Mr D Keast as the driver of RAH DE RAH used his whip on more occasions than permitted by Clause (b) of the Use of Whip Guidelines.

Mr Renault produced a letter dated 12 December 2019, from the General Manager of the RIU, Mr M Godber, pursuant to Rule 1108(2), approving authorisation to lodge an information against Mr Keast, for a breach of Rule 869(2).

The Rules

[2]-Rule 869(2) reads as follows;

869 (2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Use of the Whip Regulation (b) reads as follows;

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

The Plea

[3]-Mr Keast had signed the Information that the breach was admitted, which he confirmed to the hearing. Mr Keast also confirmed he understood the charge and rule it was brought under. As a Junior Driver, Mr Keast was entitled to support during the hearing, which he declined and stated he was comfortable, without any assistance at the hearing.

Facts

[4]-On 23 November 2019 at the Geraldine Trotting Club’s meeting at the Orari Racecourse, Junior Horseman, Mr D Keast was the driver of RAH DE RAH in Race 6, the PGG Wrightson Standardbred Junior Drivers Mobile Pace.

Informant’s Submissions

[5]-Mr Renault, with the assistance of Stipendiary Steward, Mrs C Tibbs, gave evidence and showed video replays of the final 400m of the race.

[6]-Mrs Tibbs pointed to Mr Keast driving RAH DE RAH, positioned one off the pylons and beyond midfield as the field approached the 400m.

[7]-Mr Renault showed, using the side on video replay, that after passing the 400m, Mr Keast drew the whip and used it on 11 to 12 occasions. The strikes were a mixture of fore hand and back hand strikes.

Submissions of Respondent

[8]-Mr Keast made no submissions regarding the incident apart from stating that he did not dispute the number of strikes as submitted by the Stewards.

Decision

[9]-Mr Keast having admitted the breach, the charge was found proved.

Submissions of Informant on Penalty

[10]-Mr Renault stated that Mr Keast’s record showed a breach of this rule, from January 2019, at Nelson, where he received a 6-day suspension. He stated that this breach was outside the 6-month reset period, as per the JCA Penalty Guidelines, and subsequently, this current breach should be considered as a first offence.

[11]-Mr Renault stated that Mr Keast had driven on 13 occasions so far this season with a total of 115 drives last season. He said the JCA Penalty Guide provides a sliding scale of penalties for a first breach of this rule, where the number of strikes being 11 to 13, a $200 fine was the starting point.

[12]-Mr Renault stated that this breach was at a low level and submitted that a fine of $200, as per the sliding scale, be considered as penalty in this case.

Respondent’s Submissions

[13]-Mr Keast elected to make no submissions on penalty.

Reasons for Penalty

[14]-The JCA Penalty Guide provides a $200 fine, on the sliding scale, for an initial breach of this rule for 11 to 13 strikes. We agreed with Mr Renault that this breach was at a low level. We also established that there were no aggravating factors to warrant an uplift in penalty. We therefore determined that a fine of $200, as per the sliding scale, was an appropriate penalty in this case.

[15]-Mr Keast is fined the sum of $200.

S Ching

(Chair)

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