Ashburton TC – 7 February 2009 – Race 1

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startdate: 07/02/2009

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hearing_title: Ashburton TC - 7 February 2009 - Race 1

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Decision:

Following the running of Race 1, Great Southern Hallidays Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr R G Geddes, alleging a breach of Rule 869 (2) (a) in that Mr Geddes, as the driver of S J’S DRYDEN in the Race, “used his whip excessively in the run home”.

DECISION AND REASONS:

Following the running of Race 1, Great Southern Hallidays Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr R G Geddes, alleging a breach of Rule 869 (2) (a) in that Mr Geddes, as the driver of S J’S DRYDEN in the Race, “used his whip excessively in the run home”.

Mr Geddes was present at the hearing of the information and 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.

At the outset of the hearing, Mr McIntyre referred the Committee to the guidelines which apply to Rule 869 (2).

Mr McIntyre alleged that, from the 350 metres to the line, Mr Geddes hit his horse approximately 23 times. Mr S P Renault, Stipendiary Steward, showed a video replay of the final 300-400 metres of the Race. Mr Renault alleged that Mr Geddes hit his horse “constantly’ with “full strikes” of the whip, approximately 23 times. 

Mr Geddes “definitely agreed” that it did look bad. He said that he was not hitting the horse and the horse did not have a mark on it after the race. He submitted that it was more his action than his hitting the horse that looked bad. Mr Geddes did not dispute the allegation of the Stipendiary Stewards as to the number of times he had used the whip. When asked by the Chairman, Mr Geddes said that he was aware of the guidelines but thought that they did not apply unless striking the horse. The Chairman read the relevant part of the guidelines to Mr Geddes.

Following a deliberation, the Committee delivered the following oral decision:

“In this case, Mr Geddes has been charged with excessive use of the whip while driving S J’S DRYDEN in Race 1. Mr McIntyre had Mr Renault, Stipendiary Steward, show a video replay of the final 300 to 400 metres of the Race and he alleged that, from approximately 350 metres out to the finishing line, Mr Geddes used the whip on approximately 23 occasions.

Mr Geddes admitted that his actions looked bad. He stated that not all the blows were on the horse and, further, that the horse did not have a mark on it following the Race. He submitted that it was more a case of his action looking bad than a case of his hitting the horse.

The guidelines, of which Mr Geddes acknowledged he was aware, require that a horseman shall not use his whip continuously and there must be distinct pauses between the whip being used or that the use of the whip shall be interrupted by acceptable alternative actions. Further, the guidelines are expressed to apply whether striking the horse, the harness or the sulky and they state that a horse does not need to be marked for an excessive use charge to be preferred.

The Committee has considered the evidence of both parties and has carefully viewed the video replay. It was alleged by Mr McIntyre, and agreed by Mr Geddes, that the whip had been used on approximately 23 occasions. The Committee accepts that not all of those strikes were on the horse but, in terms of the guidelines, this does not assist Mr Geddes.

Furthermore, the Committee finds that the use of the whip by Mr Geddes in the final 350 metres was continuous with no distinct pauses or acceptable alternative actions.

The Committee is satisfied that Mr Geddes’ use of the whip on this occasion was excessive. In addition to what we have already said, it looked bad and it was, simply, too much. Accordingly, we find the charge of excessive use of the whip to be proved.”

Mr McIntyre, in relation to penalty, informed the Committee that Mr Geddes has an excellent record with no recent breaches of any Rule. He recommended that a fine of $200 was appropriate.

Mr Geddes declined the opportunity to make any submissions in relation to penalty.

The Committee took into account Mr Geddes’ excellent record. He was fined the sum of $200.       

R G McKenzie

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hearing_type: Old Hearing

Rules: 869.2.a, 869.2

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meetdate: 07/02/2009

meet_title: Ashburton TC - 7 February 2009

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