Ashburton TC 31 May 2015 – R 10 (heard on 5 June 2015 at Nelson)

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hearing_racingtype: harness-racing

startdate: 31/05/2015

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hearing_title: Ashburton TC 31 May 2015 - R 10 (heard on 5 June 2015 at Nelson)

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Decision:

Rule: 869(2)(a)

Informant: Mr N Ydgren - Stipendiary Steward

Respondent: Ms L Panella - Licensed Horsewoman

Information Number: A1482

Meeting: Ashburton TC

Date: 31 May 2015 (heard on 5 June 2015 at Nelson)

Race: 10

Judicial Committee:  Mr T Utikere, Chairman - Mr P Williams, Committee Member

Plea: Admitted

Charge: Excessive use of the whip

Evidence:

Information A1482 alleging a breach of Rule 869(2)(a) was filed with this judicial committee. It related to Race 10 at the Ashburton Trotting Club's Meeting on 31 May and alleged that L Panella used her whip "in an excessive manner over the concluding stages when driving ZAKS PATROL".

The committee was advised by Mr Ydgren that Ms Panella was not present as she had returned to Australia. She had signed the Information as admitting the breach and had also endorsed the Information with the notation that she did not wish to be present at the hearing.

Using the side-on film, Mr Ydgren identified ZAKS PATROL racing to the outside of the leader over the final 250 metres. It was clear that Ms Panella took her hand off the rein and used her whip repetitively without respite. He estimated that she struck her horse 24 times.

Decision:

As the charge was admitted, the committee found the matter proved.

Submission For Penalty:

In presenting penalty submissions, Mr Ydgren identified Ms Panella as a busy driver in Australia who had a clear record under this rule for the previous 12 month period. Ms Panella had admitted the breach at the first opportunity and had also indicated to the stipendiary stewards that she would prefer a fine rather than a period of suspension. Mr Ydgren referred to a breach of this rule the day prior in a Group 1 race, for which the driver received a $400 fine. He also submitted that in that incident, the driver had struck her horse more than 24 times. He submitted a $300 fine as an appropriate penalty on this occasion.

The committee noted that Ms Panella had also endorsed the information with "clear record, first offence, guilty" on the Information; asking the committee to take this into consideration when determining penalty.

Reasons For Penalty:

The JCA Penalty Guidelines suggest a starting point of a two day suspension or a $500 fine. While Ms Panella gave a brief pause in her whip action over the final 200 metres, it remained an insufficient reprieve. In mitigation the committee considered Ms Panella's early admission of the breach and her very good record under this rule. This is balanced against the concerns regarding animal welfare and public perception issues that such a breach brings.

Penalty:

Ms Panella is fined $300.

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hearing_type: Old Hearing

Rules: 869(2)(a)

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