Banks Peninsula TC – 29 December 2007 – Race 6

hearingid: 50c575624d8d6ad6acca4207ab73a69d

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startdate: 29/12/2007

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hearing_title: Banks Peninsula TC - 29 December 2007 - Race 6

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Following the running of Race 6, PGG Wrightsons Discretionary Handicap Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr M A Pash, alleging a breach of Rule 869 (2) (a) in that Mr Pash "used his whip excessively

Following the running of Race 6, PGG Wrightsons Discretionary Handicap Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr M A Pash, alleging a breach of Rule 869 (2) (a) in that Mr Pash "used his whip excessively in the run home whilst driving SILVERDALE LADY".

Mr Pash was present at the hearing of the information and did not admit the breach.

Mr Ydgren stated that it was alleged that Mr Pash had used his whip approximately 23 times in the run home while driving SILVERDALE LADY in Race 4. He stated that 23 times is "distinctly over the threshold" that the Stipendiary Stewards allow, although no number is specified in the guidelines relating to use of the whip. Of concern, was that from the 200 metres to the finishing line, Mr Pash showed no pauses when using his whip and was "rather relentless".

Mr B Williams, Stipendiary Steward, showed a video replay of the final stages of the Race. He pointed out Mr Pash, just prior to the 200 metres, use the whip 2 or 3 times at which point his foot slipped from the rest. Having lost his balance, he did not use the whip for 2-3 strides and then commenced to use the whip, almost continuously, from the 200 metres to the winning post with no discernible pauses. The horse was placed 4^th in a tight finish, Mr Williams said. Mr Ydgren submitted that Mr Pash was "clearly outside the guidelines".

Mr Pash acknowledged that he was aware of the guidelines relating to use of the whip. However, the relevant guidelines were read to the hearing by Mr Ydgren.

Mr Pash submitted that, during the final 200 metres, 5 or 6 of the alleged strikes were pulled through the horse’s tail. He said that the video showed the horse’s tail go up in the air. This amounted to a break from the whip being used continuously, he submitted.

Mr Ydgren, by way of response, submitted that at no time did Mr Pash’s action change over the final 200 metres and that the mare was simply swishing its tail rather than Mr Pash running the whip through its tail. Mr Pash stated that the mare had not previously shown a tendency to swish its tail.

The Committee delivered the following oral decision:

"Mr Pash, I would have to say that I am persuaded by the evidence of the Stipendiary Stewards that the whip was used in excess of 20 times in the run home – most of it in the final 200 metres – and I am not satisfied that the use of the whip was interrupted by any acceptable alternative actions. From my observation of the video and Mr Ydgren’s evidence I am satisfied that your use of the whip, on this occasion, was "too much" which are the words used in the guidelines and that your use of the whip was excessive. So, I find that the charge against you has been proved".

Mr Ydgren said that Mr Pash’s record was not good. On 15 June 2007, he was fined $200 for excessive use of the whip and on 12 July 2007 he received a 2-weeks suspension. He had also been "spoken to" on two other occasions regarding his use of the whip. Mr Pash was a "severe repeat offender" under the Rule, Mr Ydgren said. He submitted that a monetary penalty would not provide a sufficient deterrent and he sought a "lengthy suspension".

Mr Pash acknowledged that his record was not good but, he stated, he had endeavoured to change his whip action and the way in which he drives because of his record. His driving and training is his livelihood and any suspension would result in a loss of earnings.

The hearing then considered upcoming meetings in the context of which meetings at which Mr Pash would be likely to have a horse or horses racing.

The Committee was of the view that a penalty containing a deterrent factor was called for. It noted that the last suspension was for a period of 2 weeks, at which time according to Mr Pash he had only one horse racing.

Taking all matters into account, and in particular that the present charge was the third against Mr Pash for a breach of the Rule in just over 6 months, the Committee decided that a suspension in the range of 3-4 weeks was called for. Mr Pash’s horseman’s licence is suspended from after the conclusion of racing on 29 January 2008 up to and including Thursday, 21 February 2008.

R G McKenzie

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hearing_type: Old Hearing

Rules: 869.2.a

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