Banks Peninsula TC 29 December 2018 – R 7 (heard 31 March 2019 at Methven) – Chair, Mr D Anderson

hearingid: 3618411bbb59db464cbe40d0cf5af573

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hearing_racingtype: harness-racing

startdate: 29/12/2018

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hearing_title: Banks Peninsula TC 29 December 2018 - R 7 (heard 31 March 2019 at Methven) - Chair, Mr D Anderson

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Rule Number: 869(2)

Charge: Contravention of the Use of Whip Regulations

Judicial Committee: D J Anderson, Chairman

S Ching, Panellist

Name(s): Mr J Ford – Open Driver

Informant: Mr N Ydgren – Chief Stipendiary Steward

Information Number: 

Venue: Mt Harding Racecourse, Methven

Plea: Admitted

Evidence:

This information was lodged and adjourned sine die on 29 December 2018 at Motukarara Racecourse and heard today the 31 March 2019 at the Mt Harding Racecourse.

Following the running of Race 7 the “Canterbury Copy Service Handicap Trot” an Information was filed by Chief Stipendiary Steward Mr N Ydgren alleging a breach of Rule 869(2) by Open Driver Mr J Ford. The information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.

Mr Ford had signed the Information stating he admitted the breach and he confirmed to the Committee he understood the rule he was charged with.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.

The Use of Whip Regulation (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Ydgren used the race video to identify Mr Ford driving (3) TIME FOR DIAMONDS leading 3 wide entering the home straight. He pointed to Mr Ford and counted 17 strikes with the whip in the run to the finishing post. Some of the strikes were directed to the sulky shaft and difficult to clearly see as the film was of poor quality. The Committee viewed the replay several times along with Mr Ford and Mr Ydgren and all parties were satisfied the 17-strike count was correct.

Mr Ydgren said Mr Ford, prior to this hearing, didn’t fully understand the rule in respect of striking the shaft and just brushing the horse with the whip.

Mr Ford said there was no real force in the strikes and several times he only glanced the horse and hit the shaft but was now fully au fait with the rule. He acknowledged he was carried away with the moment having led the length of the very long Motukarara straight and winning the race.

DECISION:

As Mr Ford admitted the breach the charge was found proved.

SUBMISSIONS FOR PENALTY:

Mr Ydgren stated Mr Ford’s record under this rule was clear and the Stewards were seeking a fine of $500 as per the Penalty Guidelines for a 17-strike breach.

REASONS FOR PENALTY:

The JCA Penalty Guide provides a sliding scale for a first offence where there have been 17+ strikes and entails a $500 fine, mitigation inclusive.

The Committee finds this an appropriate penalty.

PENALTY:

Accordingly, Mr Ford is fined $500.

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hearing_type: Old Hearing

Rules: 869(2)

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