Westport TC – 26 December 2006 –

hearingid: a9d62cb9bee3566f1791d4476d86b4d2

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hearing_racingtype: harness-racing

startdate: 26/12/2006

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decisiondate: no date provided

hearing_title: Westport TC - 26 December 2006 -

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Following the running of race 6, the McManus Hotel Speight's Westport Cup, W Higgs the driver of DREW BROMAC was charged with a breach of Rule 869 (2)(a).

It was alleged that Mr Higgs used his whip in an excessive manner in the run home.

Following the running of race 6, the McManus Hotel Speight's Westport Cup, W Higgs the driver of DREW BROMAC was charged with a breach of Rule 869 (2)(a).

It was alleged that Mr Higgs used his whip in an excessive manner in the run home.

Mr Higgs denied the breach of the rule.

When making out his case Mr McIntyre made reference to the films of the race together with his own observations of what he alleged had occurred, in particular the final 400m of the race.

The thrust of Mr McIntyre's submissions were that over the final 130-150m of the race Mr Higgs had struck DREW BROMAC in excess of twenty times, the last six strokes being with the whip solely in one hand. Mr McIntyre contended that as such this was in breach of the regulations.

Mr Higgs when making his submission contended that the regulations were unclear and that in any matter he had only begun to hit his horse once it was well inside the last 150m of the race once he had obtained clear running. He further argued that when he did commence his whip action he did so by flicking DREW BROMAC with the reins whilst the whip was held in a vertical position in the air. He did however concede that he had used the whip on his horse over the final forty or so metres of the race.

It is clear from what has been presented that Mr Higgs has only begun to drive DREW BROMAC out with the whip once it has obtained an unimpeded line of running through to the finish of the race. This occurring, in the committee's view, inside the final 150 metres of the race.

Once this clear running has been achieved Mr Higgs has demonstrated a rapid and somewhat extravagant whip action, which has, in the committee's view, served to dramatise the driving complained of.

While it is argued by the informant that Mr Higgs has used his whip in excess of twenty times over the latter stages of the race, it is also recognised that the majority of these strokes have been applied while the reins have been in both hands, and the application of the whip to DREW BROMAC, in this committee's view, has been minimal, particularly as Mr Higgs has stated that he was holding the whip erect while he was slapping the horse with the reins.

It has only been over the last forty or so metres that Mr Higgs has switched to putting both reins into his left hand and struck with the whip in his right.

When determining whether Mr Higgs use of the whip has been excessive there are a number of factors that require consideration.

Firstly, that it is acknowledged that there is a strong perception element in this rule, particularly regarding horses being struck excessively and this must be a foremost consideration.

Secondly there is the horse's welfare, and with regard to this the only concern that this committee has is the number of times DREW BROMAC was struck with the whip.

In this case there have been six strikes with the whip when it has solely been in one hand.

After carefully considering all relevant matters the committee has difficulty in finding that Mr Higgs driving out of DREW BROMAC, on this occasion, could fall into the category of being excessive.

Of particular significance is the duration over which the driving complained about occurred, this being approx the last 130m-150m of the race, as up until reaching this point Mr Higgs has been unable to use the whip due to being blocked for a run.

He has then obtained a run and has flashed the reins in an excited manner for a short distance before becoming aware that he had a chance of winning the race, whereby he has then proceeded to strike the horse solidly with the whip over the last few metres of the race, this being six times in total.

The committee finds that on balance Mr Higgs driving out with the whip over the concluding stages could not be easily classified as being excessive.

Therefore the charge bought under Rule 869(2)(a) against Mr Higgs is dismissed.

RLH Neal,

Chairman.

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hearing_type: Old Hearing

Rules: 869.2.a

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