Auckland TC – 9 November 2007 – Race 6

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startdate: 09/11/2007

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hearing_title: Auckland TC - 9 November 2007 - Race 6

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An information lodged by Stipendiary Steward Mr J Muirhead against Junior Horseman Mr S Jones driver of SHAKIRA LASS alleging a breach of Rule no. 869 (2) (a) - Excessive use of the Whip

An information lodged by Stipendiary Steward Mr J Muirhead against Junior Horseman Mr S Jones driver of SHAKIRA LASS alleging a breach of Rule no. 869 (2) (a) - Excessive use of the Whip - in that he used his whip excessively on his horse over the concluding stages of the race.

Mr Jones denied the breach and was present at the hearing, assisted by Senior Horseman Mr G Smith.

Mr Muirhead demonstrated his case by use of the video film. He said Mr Jones hit his horse about 22 times from the 500 m mark to the finishing post, most of these hits being of a solid nature. He said the number of times the horse was hit and the force with which it was hit were in breach of the guidelines issued on 1 August 2006. Mr Muirhead also pointed out that the horse was hit about 12 times prior to the run home. Mr Smith said that he thought the horse was only hit about 17 times, 10 of those in the home straight. He described two of the hits as 'a swish'. He said Mr Jones never hit the horse continuously and did something in between each strike. He said Mr Jones was obliged to drive his horse out because of the closeness of the finish. Mr Jones said the trainer had told him the horse responds well to the whip, to keep at her. He said when he stopped using the whip the horse came back to him so he kept at her.

In my opinion the combination of the number of times the horse was hit and the force that was used were clearly in breach of the guidelines. I found the charge proven.

Mr Muirhead said Mr Jones had a clear driving record. He said he believed the offending was in the upper half of the scale of seriousness. He suggested a fine of $200.00. Mr Smith requested that Mr Jones' Junior Driver status be taken into account and also that it was his first offence.

In fixing penalty I took into account the following matters :

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1. The submissions of Mr Muirhead.
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2. The submissions of Mr Smith.
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3. Mr Jones' clear driving record.
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4. The offending was above the midpoint on the scale of seriousness.
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5. The fact that undoubtedly Mr Jones erroneously believed that his actions were appropriate in light of the instructions that had been given to him by the trainer.
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6. The usual penalty for a first offence of this nature by a Junior Driver is a fine of $200.

Balancing all of those matters, I imposed a fine of $200.00.

B Rowe

Chairman

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raceid: 496f8e7a31ebbdfe25827d2d334cd553

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race_title: Race 6

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meetdate: 09/11/2007

meet_title: Auckland TC - 9 November 2007

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name: Auckland TC