Ashburton TC – 1 June 2009 –

hearingid: 239eff41a963430181850350f5176685

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hearing_racingtype: harness-racing

startdate: 01/06/2009

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hearing_title: Ashburton TC - 1 June 2009 -

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Decision:

Following the running of Race 6, the Fulton Hogan Mobile Pace, an information was filed by Stipendiary Steward Mr N. G. McIntyre against Mr G. C. Telfer, the driver of “Born Lucky” (1), alleging that he had committed a breach of Rule 869(2)(a) in that he had used his whip in an unnecessary manner.

Following the running of Race 6, the Fulton Hogan Mobile Pace, an information was filed by Stipendiary Steward Mr N. G. McIntyre against Mr G. C. Telfer, the driver of “Born Lucky” (1), alleging that he had committed a breach of Rule 869(2)(a) in that he had used his whip in an unnecessary manner. The Information read as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that G. C. Telfer (Born Lucky) used his whip in an unnecessary manner rounding the final bend.”

Rule 869(2)(a), so far as it relates to the present charge, reads as follows.

“(2) No horseman shall during any race:- 
 (a) use his whip in an …. unnecessary ….manner.”
 
 
The “Use of the Whip” guidelines have been formulated to assist drivers to determine what is or is not “unnecessary”.  So far as they relate to this charge the guidelines provide as follows –

“Unnecessary use of the whip includes –
i) Striking an obviously beaten runner
ii) Using whip after the winning post”

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

Mr McIntyre gave evidence and used video coverage to show that rounding the final bend Mr Telfer had dropped off the main group of horses, and was about 4 – 5 lengths off them, when he used his whip on his horse on about 6 occasions.   Mr McIntyre said that this use of the whip was unnecessary as the horse was obviously beaten at that time.

Mr Telfer gave evidence and agreed that he had used his whip on “Born Lucky”, but said he only used it three times and not six as stated by Mr McIntyre.  Mr Telfer also said that he thought that his horse should have done better than it had, and that he had used the whip to get it to make a further effort.

After hearing the evidence we adjourned to consider our decision.  We were satisfied that it was clearly obvious that Mr Telfer’s horse was a beaten runner when he used his whip on it, and that there was no justification for doing so.  We were unable to be sure how many times the whip had been used, but by Mr Telfer’s own admission he had used it three times, and this was in our view clearly unnecessary.

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

“Having seen the video coverage and having heard the evidence we are satisfied that with about 600 metres to run “Born Lucky” had clearly lost touch with the main body of the field.  At this stage Mr Telfer used his whip on 3 – 6 occasions.

We are satisfied that at that stage “Born Lucky” had no prospect of finishing in the first six places, and was an obviously beaten runner.  We find the charge proved.”

Penalty:

In relation to penalty Mr McIntyre advised that Mr Telfer had no previous relevant convictions and recommended a fine of $200-00.  Mr Telfer was asked if he would prefer a suspension to a fine, and he said that he would prefer a fine.  He had nothing relevant to say in relation to the amount of the fine recommended.

We were satisfied that a fine of $200-00 in the circumstances of this case  was appropriate, and accordingly Mr Telfer was fined the sum of $200-00.

   
J.  M. Phelan
Chair
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hearing_type: Old Hearing

Rules: 869.2.a

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