Akaroa TC – 22 March 2009 –

hearingid: f2e593e1741cd403caeafb1b69a9cd15

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hearing_racingtype: harness-racing

startdate: 22/03/2009

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hearing_title: Akaroa TC - 22 March 2009 -

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Following the running of Race 5, Yaldhurst Wools Thelma Memorial Fillies & Mares Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr C J Markham, alleging a breach of Rule 869 (2) (a) in that “as the driver GOLDEN AURA [he] used his whip excessively in the run home”.  GOLDEN AURA finished 3rd in the Race.

Following the running of Race 5, Yaldhurst Wools Thelma Memorial Fillies & Mares Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr C J Markham, alleging a breach of Rule 869 (2) (a) in that “as the driver GOLDEN AURA [he] used his whip excessively in the run home”.  GOLDEN AURA finished 3rd in the Race.

Mr Markham was present at the hearing of the information and did not admit the breach.

Rule 869 (2) (a) provides as follows:
(2)  No horseman shall during any race:-
     (a)  use his whip in unnecessary, excessive or improper manner.

Mr Renault alleged that Mr Markham had used his whip approximately 28 times in the run home.  The Stewards were happy that the first seven were within the guidelines but, after that, he used his whip on 21 occasions, with no discernible pauses.

Mr McIntyre showed a video replay of the final 300-400 metres of the Race.  He pointed out Mr Markham on GOLDEN AURA, the widest runner turning for home, use his whip approximately 28 times in the run home as alleged by Mr Renault.

Mr Markham did not dispute the allegation of the Stewards as to the number of times he used his whip.  He said that, as soon as he pulled the mare out in the straight, she “ran straight out towards the car park”.  He used the whip on the mare initially just to keep “her mind on the job”.  He was trying to get the mare to concentrate. Approaching the finishing line, she pricked her ears and was not concentrating.  He submitted that he had to drive the mare to get her to concentrate.  He said that he followed the 2nd placegetter the whole way and the mare should have won, in his opinion, with the run she got. In the final 100 metres, the mare ran with her ears pricked with no horses close to her. She would not have finished 3rd if he had not “kept her going”.  Mr Markham submitted that there were discernible breaks in his use of the whip.  He was doing his very best for the punters, the owners and the trainer.  Mr Markham acknowledged that he was aware of the guidelines but added that the mare would not have finished in the first 4 if he had not driven her in the manner he did.

Following a deliberation, the Committee delivered the following oral decision:
“In this case, it has been alleged by the Stipendiary Stewards that Mr Markham used the whip in the run home on a total of 28 occasions but it is agreed that the first 7 of those were within the guidelines in that Mr Markham did take alternative actions and that his use of the whip was not continuous.  From that point on, it is alleged by the Stewards, that he used the whip 21 times with no discernible pauses.  Mr Renault said that it was a clear case of excessive use of the whip and there was “minimum respite”.

Mr Markham’s defence, as we understand it, was that he had to drive the horse this way to get it to concentrate.  He said that it was a very green horse and that, with the run that it had in the race, it should have won.  For the last 100 metres it ran with its ears pricked and, but for his urgings, it would not have finished 3rd.  He was attempting to do his best for the punters and the connections of the horse.

Mr Markham, in relation to excessive use of the whip, there is a decision of an Appeals Tribunal in 1996 in the case of Enright which Judicial Committees use as their guide in finding whether charges under the excessive use of the whip Rule are proved or not. In that case the Tribunal made a statement which is relevant to the circumstances before us. The Tribunal said:
It has been said that “use of the whip is necessary to make a lazy horse perform better”, or to encourage a timid horse to perform better, and that but for the use of the whip in the way it is used a lazy horse would not have run as well.

The Tribunal goes on to say:
All horses are meant to compete in the race under the same conditions and Rules. If a horse has an inherent flaw in its personality or makeup so that it needs to be [driven] hard with the whip, sobeit. But it still must only be [driven] within the provision of the Rules.
What that says is that it is no defence to say that you had to drive a horse in that manner and it is the finding of this Committee that the defence that you have put to us does not amount to a defence. We find in favour of the Stipendiary Stewards and the charge is found proved”.

The Committee was satisfied that Mr Markham’s use of the whip was “too much” and, furthermore, was continuous with no distinct pauses and no alternative actions.

In relation to penalty, Mr Renault told the Committee that Mr Markham had had 66 drives in the current season and, on 12 October 2008, was fined $300 for excessive use of the whip in the Methven Cup. Mr Renault recommended a fine in the vicinity of $300 or a term of suspension of 2-3 days.

Mr Markham indicated that he would prefer a term of suspension.

The Committee noted that Mr Markham had breached the excessive use of the whip Rule less than 6 months ago. Mr Markham’s licence was suspended from the close of racing on 22 March 2008 up to and including 29 March 2008, effectively 3 days.  

 R G McKenzie
CHAIRMAN

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hearing_type: Old Hearing

Rules: 869.2.a

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