Banks Peninsula TC – 30 November 2008 – Race 6

hearingid: 45be6810d3b2adcb110613bb24630f26

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hearing_racingtype: harness-racing

startdate: 30/11/2008

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decisiondate: no date provided

hearing_title: Banks Peninsula TC - 30 November 2008 - Race 6

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Decision:

Following the running of Race 6, the Polarcold Stores Mobile Pace, an information was laid by Stipendiary Mr N. G. McIntyre against Mr D. J. Dunn the driver of “Wild Storm” (17) alleging that he had committed a breach of Rule 869(2)(a).   Mr Dunn is a Junior Horseman and he was assisted at the hearing by Mr D. J. Butt.

The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that D. J. Dunn (Wild Storm) used the whip excessively in the run home.”

Rule 869(2)(a), so far as it relates to the present charge, reads as follows.

“(2) No horseman shall during any race:-

            (a) use his whip in an …. excessive ….manner.”

The defendant had indicated on the information that he did not admit the

Breach of this rule and he confirmed this at the hearing. Mr Dunn also said that he understood the charge and the Rule it was brought under.  Mr Dunn was asked if he knew the provisions of “Use of Whip” guidelines.  He said he did, but asked to have them read out, which they were.

          The “Use of Whip” guidelines provide, so far as they relate to this charge, as follows –

“Excessive use of the whip simply means “too much”, and relates to the number of times and/or the force with which the whip is used.

            Applies whether striking the horse, harness or sulky.

A horse does not need to be marked for an excessive charge to be preferred.

Subject to the provisions of Rule 869(2) no horseman shall use the whip

continuously at any time during a race, and there must be distinct pauses between the whip being used or the use of the whip shall be interrupted by acceptable alternative actions.

These actions include:-

-          Running the rein(s) over the horse’s rump

-          Touching or holding the whip on the top of the horse’s tail or rump

-          Running the whip through the horse’s tail”

Mr McIntyre gave evidence that Mr Dunn was seen to use his whip on about 25 occasions in the straight, and that such use was almost continuous.  Stipendiary Steward Mrs Williams used video coverage of the incident to show that Mr Dunn was well into the straight when he started using his whip, and that he had used it almost continuously until just short of the winning post. 

Mr Dunn gave evidence that he had not hit his horse on all the occasions alleged by the Stipendiary Stewards.  He said that on quite a number of the occasions that he appeared to be using his whip he was in fact “running his whip through the horses tail” as set out in the guidelines.  Mr Butt supported this evidence.

The video of the run down the straight was viewed by all parties on many occasions.  After hearing the evidence I adjourned to consider my decision.

After reviewing the evidence I was satisfied that Mr Dunn had used his whip on about 25 occasions.  His defence that he was at times running the whip through his horse’s tail was not credible.  On all occasions he used his whip in the same manner, and running his whip through his horse’s tail would have been a different action.  I was satisfied that the charge had been proved.

On returning to the Enquiry Room I advised the parties that a full written decision would be given later, and I gave the following oral decision.

“Having heard the evidence, and having seen the video coverage, I am satisfied that Mr Dunn used his whip on about 25 occasions in the run home.  This use was almost continuous until just short of the winning post.

It was the Stipendiary Stewards’ case that the use of the whip was in breach of the Rule and the “Use of the Whip” guidelines.

Mr Dunn and Mr Butt gave evidence in defence that a number of the apparent strikes with the whip were in fact running the whip through the horse’s tail.  Mr McIntyre disagreed and said that Mr Dunn was “using” his whip on each occasion.

I am satisfied that Mr Dunn was not in fact running his whip through his horse’s tail and I find the charge proved.”

Penalty:

Mr McIntyre advised that Mr Dunn had three relevant previous convictions on 8 June 2008 (fined $200-00), 12 October 2008 (fined $350-00), and 28 November 2008 (fined $250-00).  Mr McIntyre explained that the

$350-00 fine in October 2008 was higher than normal because of the stake payable and the status of the race – the Methven Cup.  Mr McIntyre recommended a fine of $400-00 on this occasion.

Mr Dunn did not dispute the three previous convictions, and also advised that he would prefer a fine to a suspension.  Mr Dunn said that he thought the recommended fine was “quite steep” and that it should be taken into account that he has a lot of drives.

I was satisfied that because of Mr Dunn’s poor record a higher than normal fine was appropriate.  I accept that Mr Dunn is a very busy driver.  Taking all matters into account I was satisfied that a fine of $350-00 was appropriate, and Mr Dunn was fined this amount.

Finally Mr Dunn needs to be aware that continuing to breach this Rule will result in a suspension.

J.  M. Phelan

Chairman

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hearing_type: Old Hearing

Rules: 869.2.a, 869.2

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race_title: Race 6

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meetdate: 30/11/2008

meet_title: Banks Peninsula TC - 30 November 2008

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name: Banks Peninsula TC