HR Waikato 18 May 2017 – R 4 (heard 26 May 2017 at Alexandra Park) – Chair, Mr A Godsalve

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startdate: 18/05/2017

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hearing_title: HR Waikato 18 May 2017 - R 4 (heard 26 May 2017 at Alexandra Park) - Chair, Mr A Godsalve

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr J Muirhead, Stipendiary Steward

Respondent: Mr R Argue, Junior Horseman

Information No. A 2622

Meeting: Harness Racing Waikato

Date: 18 May 2017 (heard 26 May 2017 at Alexandra Park)

Rule: 869(2)(a)

Charge: Excessive whip use

Race: 4

Judicial Committee: Mr A Godsalve, Chair - Mr A Dooley, Panelist

Plea: Admitted

Also Present: Mr S Argue, Licensed Trainer assisting Mr R Argue

Facts

Following the running of Race 4, the DUNSTAN FEEDS JUNIOR DRIVERS MOBILE PACE, Mr Muirhead produced an Information alleging that Junior Horseman Mr R Argue had used his whip excessively driving GOTTA KEEPASECRET over the final stages. The matter was opened and adjourned on raceday as Mr Argue had left the course.

At the adjourned hearing, Mr Argue, who was assisted by his father Mr S Argue, informed the Committee that he wished to admit the breach. He added that he understood the Rule.

Rule 869(2)(a) states ‘No horseman shall during any race use his whip in an unnecessary, excessive or improper manner’.

Using the available films Mr Muirhead identified the horse GOTTA KEEPASECRET, driven by Mr R Argue, as it neared the 400m mark. From the 400m metres mark until near the finish it was apparent that Mr Argue had struck the horse approximately 30 times with his whip. Mr Muirhead added that it was apparent that the majority of these strikes were not at all forceful. However he said the Stewards were concerned that they were continuous and outside the guidelines.

Those Guidelines, introduced in December 2016 stated that the whip shall not be used more than 10 times in the last 400m of a race.

Mr Argue agreed that that films showed that his whip had made contact with the horse about 30 times. However he stated that he had only actually struck the horse 8 times, adding that the majority were what industry participants called ‘ love taps’. He acknowledged that he had not paused enough. In answer to a question from the Committee, he said that he continued to drive the horse out even though it had eventually finished 5th as there were points in a Junior Drivers contest allotted to the 5th placed horse.

Mr S Argue added that he and his son had believed the style of whip use his son had adopted was acceptable. He added that they had studied some very successful drivers-in particular Mr Dexter Dunn, Blair Orange,and Mark Purdon-and had believed that ‘love taps’ with the whip, through the tail, were acceptable. However both agreed that on this occasion Mr R Argue had erred in that his use of the whip was continuous.

Reasons For Decision

As Mr Argue has admitted this breach we find the charge proved.

Submissions on Penalty

Mr Muirhead referred to the JCA Penalty Guide which provides a starting point of a fine of $500 or a 2 day suspension. He added that this was the first time Mr Argue had breached this Rule, and that given his admission of the breach the Stewards suggested a fine of $300 would suffice.

Mr Argue had nothing to add.

Reasons for Penalty

The Committee confirmed that the JCA Penalty Guide provided a starting point of a 2 day suspension or a $500 fine for a first beach of this Rule. We accept that Mr Argue has admitted the breach and that he does not have any prior breaches of this Rule recorded against him. He is a Junior Driver, and is clearly attempting to modify his driving style to conform with the Rules.

However the number of strikes was of particular concern to the Committee. The perception of the viewing public must be taken into account, as does the matter of animal welfare. We viewed the film ourselves a number of times and confirmed that the majority of the 30 ‘strikes’ were not at all forceful. We are aware that drivers often use a ‘tapping’ motion with their whip to help steer their horse. However when this is continuous it places the driver in a situation where they may be considered to be in breach of the Guidelines, as in this case.

Most drivers who breach this Rule are fined $300 for a first breach, given the circumstances and individual cases. The Committee believes that this matter calls for an uplift on that amount given the number of strikes which has not been disputed.

Penalty

Accordingly we imposed a fine of $375 on Mr Argue. We advised Mr Argue that a further breach of this Rule within 6 months would result in a suspension of his drivers license.

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hearing_type: Old Hearing

Rules: 869(2)(a)

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