Manawatu HRC – 30 March 2006 – Race 2

hearingid: b6f606ed33ac5e1a22713e857f881618

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hearing_racingtype: harness-racing

startdate: 30/03/2006

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decisiondate: no date provided

hearing_title: Manawatu HRC - 30 March 2006 - Race 2

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Decision:

Following the running of Race 2, G A Payne, the driver of STERUS MORN was charged with a breach of Rule 869 (2)(a).    It was alleged that Mr Payne used his whip excessively over the concluding stages of the race.

Following the running of Race 2, G A Payne, the driver of STERUS MORN was charged with a breach of Rule 869 (2)(a).

It was alleged that Mr Payne used his whip excessively over the concluding stages of the race.

Mr Payne denied the breach of the rule.

When presenting his evidence Mr Taumanu used the films of the race to show where he believed Mr Payne had hit STERUS MORN some twenty two times in the run through the straight to the finish of the race.

He submitted that this use was excessive and outside the accepted standards.

Mr Payne, when addressing the committee, stated that he was in a position to win the race and this may have been why he had used the whip a little more than normal.

The committee finds, after considering all submissions, that Mr Payne has on this occasion, breached the provisions of Rule 869(2)(a).

It is clear from the films of the race that the frequency and use of the whip on STERUS MORN has been in excess of the standards established. The charge is therefore proven.

PENALTY

When making his submissions on penalty Mr Taumanu firstly presented Mr Payne's record. This demonstrated that he had not appeared before a Judicial Committee over the past twelve months. And in fact when questioned by the chairman Mr Payne stated that he had never previously been charged with any breach of the rules.

Mr Taumanu submitted that a fine is the appropriate penalty and he has also advised the committee that a fine in the range of between $200.00 and $300.00 is the general standard imposed for a breach of this rule in the first instance.

He also has stated that he does not view this breach at the higher end.

The committee finds that the breach is one of mid scale and determines that a fine is the appropriate penalty. However when looking at the quantum to be imposed the aggravating and mitigating factors need to be applied.

The aggravating factor is that Mr Payne has struck his horse some 22 times in the straight and this is of concern. However a factor in mitigation, that cannot be ignored, is that this is the first time Mr Payne has appeared before a committee in a career that is of considerable duration.

This factor is, in this committee's view, of significance and although it is rare to vary from established standards with regard to penalties imposed for breaches of this rule this committee is nevertheless going to do so, this being in recognition of the excellent record.

Therefore having regard to all factors Mr Payne is fined the sum of $150.00

R L H Neal

Chairman

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hearing_type: Old Hearing

Rules: 869.2.a

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raceid: fce436ea08a810a4a8f182d030c59d82

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racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 2

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meetid: 79ac03afe97b00cb61a9859086492776

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meet_noreport: 0

waitingforpublication: 0

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meet_emailed2: 0

meetdate: 30/03/2006

meet_title: Manawatu HRC - 30 March 2006

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tracklocation: manawatu-hrc

meet_racingtype: harness-racing

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name: Manawatu HRC