Manawatu HRC 15 December 2016 – R 6 (heard 9 February 2017 at Palmerston North) – Chair, Mr N McCutcheon

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startdate: 15/12/2016

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hearing_title: Manawatu HRC 15 December 2016 - R 6 (heard 9 February 2017 at Palmerston North) - Chair, Mr N McCutcheon

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr S Mulcay, Stipendiary Steward

Respondent: Mr S Dickson, Licensed Horseman

Other Parties: Mr N Ydgren, Chief Stipendiary Steward

Information: A3789

Meeting: Manawatu HRC 15 December 2016 (heard 9 February 2017)

Venue: Manawatu Raceway

Rule: 869(2)(a)

Race: 6

Judicial Committee: Mr N McCutcheon, Chairman – Mrs N Moffatt, Committee Member

Plea: Admitted

Charge: Excessive use of the whip

Evidence

Following the running of Race 6 (Focus Planning Mobile Pace) on 15 December 2016 a charge of excessive use of the whip was preferred against Mr Dickson, the Driver of BOBBIES GIRL. Due to Mr Dickson’s unavailability the hearing was adjourned by the Judicial Committee.

The Information stated that Mr Dickson used his whip excessively over the final stages.

Rule 869(2)(a) provides:

No horseman shall during any race: - (a) use his whip in an unnecessary, excessive or improper manner.

Mr Dickson said that he understood the Rule and following some discussion with the committee confirmed that he admitted the breach of the Rule.

Mr Ydgren showed all films and said that Mr Dickson had hit his horse BOBBIES GIRL 11 times within the final 400m, which was one strike over the limit of 10, which had been set by Harness Racing NZ and came into effect on 1 December 2016.

Mr Dickson said that the first that he knew of the change in the Rule was when he was called into the room by the Stewards. He said that if he had have known he would have changed his style and held onto the reins for a bit longer. He said that he had been very busy with his contracting business and had not seen his emails and had not received anything in the mail regarding a change to the use of the whip. He added that it was the first meeting in the Central Districts since the change.

Decision

As the breach was admitted it was found to be proved by the Judicial Committee.

Submission for Penalty

Mr Ydgren said that due to the change in the whip use effective 1 December 2016 that all Drivers started with a clean slate from that date. He said that credit should be given for the admission of the breach and that the breach was at the lower end of the scale. He submitted that a fine of $300 be imposed.

In response to a question from the committee, Mr Ydgren said that 17-22 strikes with the whip would be considered to be in the high-range by Stewards and said that fines of $400 had been imposed for breaches of this nature in recent times.

Mr Dickson said that in every other sport, when there is a Rule change, you get a warning before being charged. He added that in his opinion the breach on this occasion was very minor.

Reasons for Penalty

Having regard to the starting point for excessive use of the whip, the committee took into account the following matters when considering quantum of penalty:

1. The admittance of the breach

2. Very good record (record shows 12 months since last breach of the Rule)

3. Breach of the Rule considered to be at the very low-end (one strike over the total number of strikes that is deemed to be acceptable).

Penalty

Mr Dickson was fined $250.

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hearing_type: Old Hearing

Rules: 869(2)(a)

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