Ashburton TC – 18 May 2010 – R 7

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hearing_title: Ashburton TC - 18 May 2010 - R 7

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  N G McIntyre, Stipendiary Steward

Defendant:  G D Smith, Licensed Open Horseman

Information No:  68566

Meeting:  Ashburton Trotting Club

Date:  18 May 2010

Venue:  Addington Raceway, Christchurch

Race:  7

Rule No:  869 (2) (a)

Judicial Committee:  R G McKenzie, Chairman – J Millar, Committee Member

Plea:  Not Admitted

THE CHARGE:

Following the running of Race 3, Terry Chmiel Drivers Plate on Trademe Mobile Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr G D Smith, alleging a breach of Rule 869 (2) (a) in that Mr Smith, as the driver of RAVEN in the Race, “used his whip excessively from the 700 metres to the 300 metres”.

Mr Smith was present at the hearing of the information and he indicated that he did not admit the breach.

Rule 869 provides as follows:

(2)   No horseman shall during any race:-

       (a)    use his whip in an unnecessary, excessive or improper manner.

SUBMISSIONS:

Mr McIntyre said that RAVEN was leading the field approaching the 700 metres. It was the Stewards’ allegation that Mr Smith used his whip approximately 20 times between there and the 300 metres. Mrs K R Williams, Stipendiary Steward, showed video replays of the relevant part of the Race. She alleged that Mr Smith used his whip in a forehand manner before switching to using a backhand style, in excess of 20 times in total, which was too many. He continued to use the whip on 3-4 occasions after the horse was clearly beaten. He had commenced using the whip too far out, Mrs Williams alleged.

Mr Smith said that he counted only 17 times from the video replay. He submitted that in some of the forehand strikes he was using the reins as well as the whip. Mr Smith described the horse as being “very lazy” and “not competitive” and today was the first time he had led in 25 starts. He was going to recommend to the connections of the horse that they “finish with him”. He alleged that he had put the whip away and stopped driving the horse when he realised that it was not running on. Mr Smith acknowledged that his actions did not look good.

REASONS:

The Stipendiary Stewards alleged that Mr Smith used his whip in excess of 20 times between the 700 metres and the 300 metres – that is to say, over a distance of 400 metres. Mr Smith disputed that count but admitted to 17 strikes with the whip. The Committee observed that Mr Smith used the whip some 19-20 times, some in a forehand motion, others backhand but all strikes with the whip nevertheless.

The simple fact of the matter is that to use the whip that many times over a distance of 400 metres is too much and that is what “excessive” means.

We placed no weight on Mr Smith’s submission that the horse is very lazy – that is not something that justifies a driver using the whip excessively, outside the Rule and guidelines, as Judicial Committees have repeatedly said.

DECISION:

The charge was found proved.

SUBMISSIONS ON PENALTY:

Mr McIntyre informed the Committee that, in 252 drives in the current season, Mr Smith had not previously breached the whip Rule. He recommended a fine of $200.

Mr Smith did not wish to make any submissions in relation to penalty.

REASONS:

In arriving at penalty, the Committee took into account Mr Smith’s very good record as advised by Mr McIntyre. In addition, the breach was at the lower end on a scale of seriousness, in the Committee’s view.

PENALTY:

Mr Smith was fined the sum of $200.

R G McKenzie               J Millar

CHAIR                         Committee Member

68566

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hearing_type: Old Hearing

Rules: 869 (2) (a)

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