Banks Peninsula TC 26 November 2017 – R 1 (heard on 3 December 2017 at Methven) – Chair, Mr R G McKenzie

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startdate: 26/11/2017

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hearing_title: Banks Peninsula TC 26 November 2017 - R 1 (heard on 3 December 2017 at Methven) - Chair, Mr R G McKenzie

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: S W Wallis, Stipendiary Steward

Respondent: C T Woodward, Licensed Advanced Amateur Driver

Information No: A09596

Meeting: Banks Peninsula Trotting Club

Date: 26 November 2017 (heard at Methven on Sunday, 3 December 2017)

Venue: Motukarara Racecourse, Motukarara

Race: 1

Rule No: 869 (2) (a)

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

FACTS:

Following the running of Race 1, PDL by Schneider Electric Amateur Drivers Mobile Pace, an information was filed by Stipendiary Steward, Mr S W Wallis, against Licensed Advanced Amateur Driver, Mr C T Woodward, alleging that, as the driver of GUNPOWDER in the race, Mr Woodward “used his whip excessively over the final 400 metres”.

The information was filed with the Judicial Committee on the raceday and adjourned sine die. It was served on Mr Woodward on 27 November 2017 and heard at the meeting of Methven Trotting Club at Mt Harding Racecourse on Sunday, 3 December 2017.

Mr Woodward had indicated on a copy of the information form produced to the Committee that he admitted the charge and, further, that he did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(2) 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 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.

Those Guidelines further provide that “use of the whip” is “free of the rein”.

SUBMISSION(S):

Mr Wallis showed a video replay of the final 400 metres of the race. He pointed out GUNPOWDER, driven by Mr Woodward, the second from widest runner as the field entered the final straight. From that point, it was alleged by Mr Wallis, Mr Woodward used his whip, free of the rein, on 13 occasions to the finishing line and this was borne out by the video replays. According to Mr Wallis, Mr Woodward accepted that count.

DECISION:

Mr Woodward having admitted the charge, the charge was found proved.

PENALTY SUBMISSIONS:

Mr Wallis said that Mr Woodward is an Amateur Driver, having previously been licensed as an Open Driver. He has held an Amateur Driver’s licence since last season, in which he had 20 drives. Prior to this drive, he has had 5 drives in the current season. Mr Woodward drives in most of the races for Amateur Drivers and his record is a good one, his record under the Rule being clear.

Mr Wallis referred to the Penalty Guide starting point of a $500 fine or a 10-day suspension, and submitted that on that basis and on the basis of an Amateur Driver being able to drive twice a month, Stewards would be seeking a fine of $300, having regard to the mitigating factors of Mr Woodward’s good record and admission of the breach. However, Mr Woodward had asked Mr Wallis to put it to the Committee that he would like us to consider a combined penalty of a fine and a suspension. Mr Wallis said that Stewards would have no objection to this and submitted that a suspension for a period of two months (4 drives), coupled with a fine of $100 was appropriate, based on 6 drives being the equivalent of a $300 fine.

PENALTY REASONS:

In deciding on penalty, the Committee took the starting point of a $500 fine or a 10 drive suspension. There were no aggravating factors (the breach being no worse than mid-range) and the mitigating factors as, highlighted by Mr Wallis, warranted a $200 discount from the starting point, in the Committee’s view.

The Committee was prepared to accommodate Mr Woodward’s preference for a combined penalty, noting that the Stewards had no objection to that. On the basis submitted by Mr Wallis, which we accept, a $300 fine being equivalent to a 6 drives suspension, and on the basis that in the case of an Amateur Driver 2 drives equates to one month, the Committee decided that an appropriate penalty in this case should be a suspension for a period of 2 months (4 drives) and, in addition, a fine of $100 (2 drives).

PENALTY DECISION:

Mr Woodward’s Advanced Amateur Driver’s licence is suspended from tomorrow, 4 December 2017, up to and including 3 February 2018 – 2 months. In addition, Mr Woodward is fined the sum of $100.

R G McKenzie

Chairman

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hearing_type: Old Hearing

Rules: 869(2)(a)

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