Timaru HRC 18 January 2017 – R 7 (heard on 29 January 2017 at Motukarara) – Chair, Mr R G McKenzie

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startdate: 18/01/2017

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hearing_title: Timaru HRC 18 January 2017 - R 7 (heard on 29 January 2017 at Motukarara) - Chair, Mr R G McKenzie

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: S P Renault, Stipendiary Steward

Defendant: D J Keast, Licensed Junior Driver

Information No: A6272

Meeting: Timaru Harness Racing Club

Date: 18 January 2017

Venue: Phar Lap Raceway, Washdyke

Race: 7

Rule No: 869 (2) (a)

Judicial Committee: R G McKenzie, Chairman / G J Clapp, Panellist

Plea: Admitted

FACTS:

Following the running of Race 7, Morrison’s Saddlery and Feed Mobile Pace (Junior Drivers), an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr D J Keast, alleging that, as the driver of BUCKEYE in the race, he “used his whip in an excessive manner inside the final 400 metres”.

The information was filed with the Judicial Committee on the raceday and adjourned sine die.

The information was served on Mr Keast at the meeting of Banks Peninsula Trotting Club held at Motukarara on 29 January 2017 and was heard at that meeting.

Mr Keast had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Renault confirmed to the Committee that Mr Keast did not wish to be present at the hearing.

Rule 869 provides as follows:

(2) No horseman shall during any race:-

(a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:

The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

SUBMISSIONS:

Mr Renault showed to the hearing a video replay of the final 400 metres of the race. He pointed out Mr Keast, driving BUCKEYE, improving 3-wide outside the leaders as the field entered the final straight. Mr Renault alleged that, from that point, Mr Keast used his whip, free of the rein, on eleven occasions. That did not include a number of strikes when Mr Keast returned his whip hand to the rein. Mr Renault reported that Mr Keast had admitted that he had used the whip on the eleven occasions as alleged by Mr Renault. The Committee noted that BUCKEYE had finished in 4th placing, the margins being a ½ neck, a neck and a ½ head.

DECISION:

Mr Keast having admitted the breach, the charge was found proved.

PENALTY SUBMISSIONS:

Mr Renault informed the Committee that Mr Keast has had 40 drives in the current season to date and, in the 2105/2016 season, had 64 drives. His record was clear, Mr Renault said. He submitted that, having regard to Mr Keast’s good record and his admission of the breach, a fine of $300 would be appropriate.

REASONS FOR PENALTY:

In determining penalty, the Committee took the starting point of a $500 fine as provided in the Penalty Guide. There were no aggravating factors. The breach, in the Committee’s view, was in the low-to-mid range. Mitigating factors were Mr Keast’s admission of the breach and his good driving record. The Committee was satisfied that a combination of those two factors warranted a discount in the sum of $200.

PENALTY:

Mr Keast was fined the sum of $300.

R G McKenzie    G J Clapp

CHAIRMAN        PANELLIST

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hearing_type: Old Hearing

Rules: 869(2)(a)

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