NZ Metro TC 7 September 2012 – R 7 (heard on 9 September 2012 at Winton)

hearingid: 66235393778b8da52077d14e4f7e664c

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startdate: 07/09/2012

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hearing_title: NZ Metro TC 7 September 2012 - R 7 (heard on 9 September 2012 at Winton)

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant:   Mr S P Renault - Stipendiary Steward

Defendant:  Mr A F H Hunter - Horseman (FRANCO LEDGER)

Information No:  A1812

Meeting:  NZMTC

Venue:  Addington
Date:  7 September 2012 (heard on 9 September 2012 at Winton) 

Race:  7 

Rule No:  869(2)(a)

Judicial Committee:  N D Skelt, Chairman - G Hall, Committee Member

Plea:  Admitted

Charge:

The charge was a result of an adjourned hearing at the NZMTC meeting held in Addington on 7 September 2012.

The adjourned hearing was held at The Winton Harness Meeting held at Winton on Sunday 9 September 2012.

Stipendiary Steward Mr Renault demonstrated the breach of rule 869(2)(a) on a DVD. This showed Mr Hunter (FRANCO LEDGER) using his whip from the 200 metre mark to the winning post on eighteen occasions.

Facts/Submissions:

Mr Renault stated that it was Mr Hunter's lack of ‘breaking up’ his action that was of a major concern.

Mr Renault also stated that the breach was at the lower end of the scale.

Mr Hunter stated that his action was not a ‘Tommy Gun’ reaction and that his style was one where he often simply flicked his whip.

Mr Hunter did not dispute the alleged eighteen strikes.

Decision:

As the charge was admitted the charge was found proved.

Submissions on Penalty:

Mr Renault informed the Committee that Mr Hunter had two previous breaches under this rule in the past twelve months, on 20 January 2012 at Invercargill where he was fined $300.00 and at Ashburton on 10 November 2011 where Mr Hunter was fined $350.00.

Mr Hunter confirmed the two previous breaches.

Mr Renault also advised the Committee that the race was a group 3 race ($25,000) with the winner gaining automatic entry in the New Zealand Trotting Cup in November 2012.

Mr Hunter re iterated that he believed his actions were at the low end of the scale.

Reasons for Penalty:

The Committee took into account the determining penalty, the early admission of the breach, and the fact that the breach was at the bottom end of the scale.

The Committee also considered Mr Hunter's two previous breaches of the rule and the fact that the race was of group 3 status.

Penalty:

Mr Hunter was fined the sum of $350.00.

N D Skelt                    Chairman

G Hall                         Committee Member

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hearing_type: Old Hearing

Rules: 869(2)(a)

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