NZ Metro TC – 30 June 2009 –

hearingid: 108f9245758f21eb2d427ff1ff0a2529

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hearing_racingtype: harness-racing

startdate: 30/06/2009

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decisiondate: no date provided

hearing_title: NZ Metro TC - 30 June 2009 -

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Following the running of Race 9, the Amateur Drivers Supporting Harness Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Amateur Driver Mr G. B. Bull alleging a breach of Rule 869(2)(a) in that Mr Bull had used his whip excessively. 

Following the running of Race 9, the Amateur Drivers Supporting Harness Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Amateur Driver Mr G. B. Bull alleging a breach of Rule 869(2)(a) in that Mr Bull had used his whip excessively.  The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that Mr Bull used his whip excessively in the run home whilst driving Amy’s Courage.”

Rule 869(2)(a) reads as follows.

“(2) No horseman shall during any race:-
       (a) use his whip in an unnecessary, excessive or improper manner.”

Mr Bull had indicated on the information that he did not admit the
Breach of this Rule and he confirmed this at the hearing. Mr Bull also agreed that he understood the charge, the Rule it was brought under, and the “Use of the Whip” guidelines.

Mr Ydgren gave evidence and used video coverage to show that Mr Bull had used his whip on about 26 occasions in the run home.  He was well into the straight when he first used his whip on about 19 occasions.  There was then a slight pause, and the whip had then been used on a further 7 occasions, before the use of the whip stopped about 40 metres from the finish.  This whip use was over quite a short distance in the straight.

Mr Bull gave evidence that he had a good chance of finishing 3rd or 4th in the race and that this is why he continued to use his whip.  Mr Bull did not dispute that he had used his whip on 26 occasions, and his justification for doing so was finishing in a higher placing.

We then adjourned to consider our decision.  After listening to the evidence we were doubtful that Mr Bull did have a good understanding of the “Use of the Whip” guidelines.  For this reason, so far as they relate to “excessive” use of the whip, we set them out in full.

“Excessive use of the whip simply means “too much” and relates to the number of times and/or the force with which the whip is used.
 Applies whether striking the horse, harness or sulky.
A horse does not need to be marked for an excessive charge to be preferred.

Subject to the provisions of Rule 869(2) no horseman shall use the whip continuously at any time during a race and there must be distinct pauses between the whip being used or the use of the whip shall be interrupted by alternative acceptable actions.

These actions include:-
- Running the rein(s) over the horse’s rump
- Touching or holding the whip on the top of the horse’s tail or rump
- Running the whip through the horses tail.”

Mr Bull said that he used his whip in the way that he did as he needed to if he wanted to finish in 3rd or 4th place.  It is well established that this is not a justification for excessive use of the whip.  We refer to the Appeals case of  "E" v. New Zealand Thoroughbred Racing (16 July 1996).   In this case a jockey was charged with and convicted of excessive use of the whip.  He appealed that decision.  One of the defences raised by the jockey on appeal was that he needed to use his whip the amount of times he did in order to win the race.  The decision said –

“All horses are meant to compete in the race under the same conditions and Rules.  If a horse has an inherent flaw in its personality or makeup so that it needs to be ridden hard with the whip, sobeit.   But it still must only be ridden within the provisions of the Rules of Racing.  Likewise it is not an excuse for a breach of the Rules for one to say it was necessary to ride in that particular way in order to win a race.  If the horse race cannot be won within the application of the Rules of Racing which govern the manner in which the race is to be run, then sobeit and it cannot win.  The same rules apply to all competitors and if there is some inherent deficiency or makeup in the character or ability of a horse that requires it to be treated in a way that is outside the Rules then that is not permitted.”

We were satisfied that the use of the whip by Mr Bull was clearly “excessive”, and in breach of the Rule and the “Use of the Whip” guidelines.  In particular we noted that the 26 strikes occurred within about 100 metres in the straight.  We were satisfied that the charge had been proved.

On returning to the Enquiry Room we advised the parties that a full written decision would be delivered later, and we gave the following oral decision.

“Having seen the video coverage, and having heard the evidence, we are satisfied that Mr Bull used his whip on about 26 occasions in the run home.  We are satisfied that this use was “too much” and in breach of the Rule and the guidelines.

Mr Bull also justified his use of the whip on the grounds that he thought he could have finished 3rd or 4th by doing so.  We will also cover this defence in our written decision. [See "E" decision above]  We find the charge proved.”

Penalty:
 
Mr McIntyre advised that Mr Bull had no previous convictions and recommended a fine of $250-00.  Mr Bull had no relevant submissions to make with regard to penalty.

We were satisfied that a fine of $250-00 was in line with previous penalties imposed on Amateur Drivers for a breach of this Rule, and accordingly Mr Bull was fined the sum of $250-00.

J.  M. Phelan
CHAIR
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hearing_type: Old Hearing

Rules: 869.2.a, 869.2

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