NZ Metro TC – 21 July 2009 – Race 9

hearingid: f2e694eec69bcab3a3a73ef282f78096

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startdate: 21/07/2009

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hearing_title: NZ Metro TC - 21 July 2009 - Race 9

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Following the running of Race 9, Amateur Drivers Supporting Harness Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Full Amateur Driver, Mr M J Stratford, alleging a breach of Rule 869 (2) (a) in that Mr Stratford “used his whip excessively throughout the run home whilst driving ONYA COURAGE”.

Following the running of Race 9, Amateur Drivers Supporting Harness Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Full Amateur Driver, Mr M J Stratford, alleging a breach of Rule 869 (2) (a) in that Mr Stratford “used his whip excessively throughout the run home whilst driving ONYA COURAGE”.

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

Rule 869 provides as follows:

(2)     No horseman shall during any race:-

(e)     use his whip in an unnecessary, excessive or improper manner.

Mr N M Ydgren, Stipendiary Steward, showed a video replay of the final 300-400 metres of the Race. He pointed out Mr Stratford on ONYA COURAGE and alleged that Mr Stratford used his whip approximately 19 times with “very little, if any pause”. His use of the whip was continuous from the 200 metres to the finishing line. Mr Stratford requested that the number of strikes with the whip be counted. He then accepted that Mr Ydgren’s allegation as to the number was correct. 

Mr Stratford acknowledged that he was familiar with the guidelines issued by the Stipendiary Stewards regarding use of the whip. He acknowledged the number of alleged strikes but submitted that they were not made with great force but rather he was urging the horse along. He was aware that he was on one of the favourites and he had made his best effort in a close finish for 3^rd, 4^th and 5^th to “get the horse up”.

Mr Stratford admitted that he had hit the horse “three or more times” than what is allowable and, at that point in the hearing, he indicated that he wished to change his plea and admit the charge.

Mrs Williams informed the Committee that Mr Stratford had been fined $250 for excessive use of the whip on 19 June last. In view of that, the Stewards were recommending a fine of $400-500 in this instance, Mrs Williams said.

Mr Stratford submitted that he had not deliberately committed the breach, he had not hit the horse hard and he had only exceeded what, he understood, was the acceptable number of strikes by 3 or 4. He accepted that the fine needed to be greater than the fine on 19 June.

The Committee took into account Mr Stratford’s change of plea during the course of the hearing and, also, that it was not the worst case of its kind that the Committee had dealt with in terms of the number of strikes and the force used. However, the Committee also took into account, as an aggravating factor, that Mr Stratford had breached the same Rule as recently as 19 June last and the Committee had to take into account the need to deter Mr Stratford from reoffending.

Mr Stratford was fined the sum of $350.          

R G McKenzie

CHAIR

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hearing_type: Old Hearing

Rules: 869.2.a

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