NZ Metro TC – 18 May 2007 – Race 4

hearingid: 38ba0d16243bcde80c4fca600a122336

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hearing_racingtype: harness-racing

startdate: 18/05/2007

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hearing_title: NZ Metro TC - 18 May 2007 - Race 4

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Following the running of Race 4, Dakins RAL Plastics Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, under Rule 869 (2)(a) against Licensed Open Horseman, Mr P A Cowan, alleging that Mr Cowan, as the driver of CULLEN?S PRIDE in the race, used his whip excessively in the run home.

Following the running of Race 4, Dakins RAL Plastics Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, under Rule 869 (2)(a) against Licensed Open Horseman, Mr P A Cowan, alleging that Mr Cowan, as the driver of CULLEN?S PRIDE in the race, used his whip excessively in the run home.

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

Mr Escott alleged that Mr Cowan used his whip in the run home approximately 16-17 times without a break. He said that he had explained the whip guidelines issued by the Stipendiary Stewards to Mr Cowan. Because of a concern over the number of horsemen being charged with excessive use of the whip, the guidelines had been published again in this week's issue of the Harness Racing Weekly. In particular, Mr Escott said, the guidelines applied whether hitting the horse or not.

Mr N G McIntyre, Stipendiary Steward, showed video replays of the final stages of the race. He pointed out that there were no distinct pauses in Mr Cowan's use of the whip but, rather, it was continuous. The whip was used 16 times "in a rapid fire motion". Mr Cowan disputed that he had used the whip 16 times but, after another viewing of the video, he accepted the submission.

Mr Cowan stated that he apologised for the manner in which he had used the whip but said the he believed that he was "encouraging the horse to finish quicker". Further, he said, he did not once hit the horse. He acknowledged, however, that it did look bad.

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

"We have listened to both of you and we have, obviously, carefully looked at the video replays. Mr Cowan, you have accepted, having seen the video several times, that you did use the whip on 16 occasions. We find that that was in a continuous manner in breach of the requirements of the guidelines and that there were no distinct pauses as required by those guidelines. Frankly, the matters that you (Mr Cowan) have raised with us are matters that are raised week in and week out as a defence to this charge and they are simply not a defence. It is no excuse to say that you were not hitting the horse. It is no excuse to say that you needed to use the whip in that manner to get the best out of the horse. As I say, these are matters that are put to us week in, week out by horsemen charged with this and they, simply, are not defences. We have these guidelines which the Stipendiary Stewards have introduced and have been in force for at least 3 years and they are well-known to all of you or, if not, they should be. We are satisfied that, on this occasion, you have breached those guidelines and we are satisfied that the charge has been proved".

Mr Escott, in relation to penalty, recommended a fine of $250. He stated that Mr Cowan had not previously breached the Rule.

The Committee was satisfied that, in all of the circumstances, a fine of $250 was appropriate and Mr Cowan was fined the sum of $250.00 accordingly.

R G McKenzie

CHAIRMAN

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hearing_type: Old Hearing

Rules: 869.2.a

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