NZ Metro TC – 30 March 2007 –

hearingid: 6453575e24dc8b156fa08964fc05b959

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hearing_racingtype: harness-racing

startdate: 30/03/2007

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hearing_title: NZ Metro TC - 30 March 2007 -

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Following the running of Race 7, the Christchurch Casino NZ Trotting Derby, Stipendiary Steward Mr N. G. McIntyre laid an information alleging that Mr G. G. Robb, the driver of "Jazmin Alicia" (3), committed a breach of Rule 869(2)(a) in that he used his whip excessively

Following the running of Race 7, the Christchurch Casino NZ Trotting Derby, Stipendiary Steward Mr N. G. McIntyre laid an information alleging that Mr G. G. Robb, the driver of "Jazmin Alicia" (3), committed a breach of Rule 869(2)(a) in that he used his whip excessively. 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 horseman G. Robb used his whip excessively in the run home."

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

Mr McIntyre gave evidence, and used video coverage, to show that in the last 150 metres of the race Mr Robb used his whip on about 25 - 28 occasions, and that there was no respite in this use. Mr McIntyre also made reference to the

"Use of Whip Guidelines" which apply in this case and Mr Robb agreed that he was familiar with these guidelines.

Mr Robb did not dispute that the video coverage of the race did not look good, but said that he had not actually been hitting this horse as he could not reach it with his whip because of the extensions to the sulky shafts. He said that he had actually been hitting the horse's tail. Several replays of the videos were played in an attempt to verify what Mr Robb was saying. Mr McIntyre disputed that what Mr Robb was saying was correct. Mr Robb admitted that his use of the whip "didn?t look great".

We adjourned to consider our decision. On returning to the Enquiry Room we advised the parties that we were satisfied that Mr Robb had used his whip on about 25 - 28 occasions in the last 150 metres. His defence that he did not actually hit his horse was rejected, and we found that his actions were well outside the whip guidelines in every respect. We found the charge proved.

Mr Robb made submissions and said that he considered that a fine of $200-00 would have been sufficient.

We adjourned to consider penalty. We were satisfied that the typical fine for excessive use of the whip is $200-00. We were also aware that two drivers charged with this offence in the 2006 New Zealand Cup (also a Group One race, but worth much more than $75,000) were each fined $450-00. Taking into account the provisions of Rule 1114(2) we were satisfied that a fine of $300-00 was appropriate in the circumstances and Mr Robb was fined this amount.

Chairman

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hearing_type: Old Hearing

Rules: 869.2.a, 1114.2

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