NZ Metro TC 29 June 2018 – R 5 (heard 1 July 2018 at Timaru) – Chair, Mr G J Clapp

hearingid: b12fb57542ada60c1ebc31eda4fb7762

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hearing_racingtype: harness-racing

startdate: 29/06/2018

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hearing_title: NZ Metro TC 29 June 2018 - R 5 (heard 1 July 2018 at Timaru) - Chair, Mr G J Clapp

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr R Quirk – Stipendiary Steward

Respondent: Mr G D Smith – Licensed Horseman

Information No: A09962

Meeting: New Zealand Metro Trotting Club

Date: 29 June 2018 (heard 1 July 2018 at Timaru)

Venue: Addington Raceway

Race: 5

Rule No: 869 (2)

Judicial Committee: G J Clapp (Chair) R G McKenzie

Charge: Excessive Use of the Whip

Plea: Admitted

Evidence:

Following the running of Race 5 (Garrards Horse & Hound Mobile Pace 1950m) Information A09962 was filed by Stipendiary Steward, Mr R Quirk with the Judicial Committee. The Information was filed on 29 June 2018 and adjourned. The hearing took place at Timaru Harness Racing Clubs meeting 1 July 2018 It alleged a breach of Rule 869 (2) in that “G Smith (The Director) used his whip on more occasions than permitted in Clause (b) of the use of the whip regulations”. Mr Smith was present at the hearing. He confirmed that he understood the rule and admitted the breach.

Rule 869 (2) States: “No Horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board”.

The Use of the Whip Regulation clause (b) reads: “No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky”.

Mr Renault used the available films with the assistance of Mr Wallis who identified THE DIRECTOR racing, three back on the inside. Mr Renault submitted that Mr Smith had proceeded to use his whip on 15 occasions within the final 400m and was in breach of the rule specifically clause (b) of the Use of the Whip Regulations.

Mr Smith had no explanation but admitted that he had used his whip on too many occasions. He agreed with the stewards as to the number of times that he had used his whip. He said that he didn’t hit the horse hard but that the strikes were bigger than flicks so accepted what the Stewards had said. He said that he didn’t break the strikes up because he was trying to steer the horse into a gap.

Decision:

As the charge was admitted, the committee deemed the charge proved.

Submissions for Penalty:

Mr Renault told the committee that Mr Smith had had 318 drives last season and 380 drives this season. He further added that Mr Smith had a previous breach of this rule at Ashburton on 3 June 2018. At that time, he was fined $200 for using his whip on 13 occasions. Mr Smith has had 27 drives since that charge. Mr Renault submitted that when there is a second breach of this rule within 6 months that the JCA penalty guide recommends a suspension of 3 – 5 days. Mr Wallis said the Stewards believed that with the number of strikes totalling 15 that this was in the mid-range due to the number of strikes and frequency. Stewards would be seeking a 3-4-day suspension of Mr Smith’s horseman’s licence.

Mr Smith said that he admitted the facts but pointed out that he never crossed the reins and also had rein in his hand when he hit the horse. Mr Smith indicated that he would be seeking a deferment.

Reasons for Penalty:

It is clear from the films that Mr Smith did use his whip 15 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. The committee notes Mr Smith’s early admission. The aggravating features are the amount of strikes and consistency. Also, that this was a second breach inside six months. The committee considered all of the evidence and suspended Mr Smith’s licence for 3 days.

Penalty:

Mr Smith’s Open Horseman’s licence is therefore suspended from conclusion of racing 8 July 2018 up to and including 15 July 2018.

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hearing_type: Old Hearing

Rules: 869(2)

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