NZ Metro TC – 6 November 2007 –

hearingid: f3cd35c9c0526bfc4bb163d3378b3080

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 06/11/2007

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: NZ Metro TC - 6 November 2007 -

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Following the running of Race 2, World Driving Championship Heat Mobile Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against driver Christophe Martens (Belgium) alleging that Mr Martens, as the driver of BORN ON THE TYNE "used his whip unnecessary (sic) during the running".

Following the running of Race 2, World Driving Championship Heat Mobile Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against driver Christophe Martens (Belgium) alleging that Mr Martens, as the driver of BORN ON THE TYNE "used his whip unnecessary (sic) during the running".

Mr Martens was present at the hearing of the information and was assisted by Licensed Open Horseman, Mr A M Butt. Mr Martens confirmed that he understood the charge and the Rule under which he had been charged. He admitted the breach and the charge was found proved.

Video replays were shown to the Committee and it was pointed out that Mr Martens had used his whip in breach of the guidelines issued in respect of Rule 869 (2) in that he had used his whip to strike an obviously beaten runner with approximately 800-1000 metres to race.

Mr Escott stated that, while it was accepted that points were allocated to drivers from 1^st to 10^th placing in each Championship race, that did not exonerate any driver for using his whip unnecessarily during a race when the horse had "tailed off". The welfare of the horse had to be protected. There were other means available to a driver to keep a horse’s "mind on the job", he stated.

Mr Butt submitted, on Mr Martens’ behalf, that the breach was not at the high end of the scale and that he had readily admitted the breach.

Mr Martens said that he was conscious of the rankings in the Championship and that even one point was important. This was the only reason he had driven the horse in the manner he did and he would not have driven it that way in his home country of Belgium.

Mr Escott recommended a fine of $200. He submitted that Mr Martens should be treated in exactly the same manner as a local driver as far as breach of the Rules was concerned.

Mr Butt accepted that a fine of $200 was appropriate.

The Committee, in deciding penalty, took into account the following matters:

1. Mr Martens’ frank admission of the breach;

2. That the breach was at the lower end of the scale of seriousness; and

3. Mr Martens’ explanation.

Mr Martens was fined the sum of $200.

R G McKenzie

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 869.2

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: