Winton HRC 25 February 2017 – R 2 (heard 4 March 2017 at Wyndham) – Chair, Prof G Hall

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hearing_racingtype: harness-racing

startdate: 25/02/2017

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hearing_title: Winton HRC 25 February 2017 - R 2 (heard 4 March 2017 at Wyndham) - Chair, Prof G Hall

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr L Tidmarsh - Stipendiary Steward

Respondent: Mr B Norman - Open Horseman

Information Number: A8586

Rule: 869(2)(a)

Meeting: Winton Harness Racing Club

Date: 25 February 2017 (heard 4 March 2017)

Race No: 2

Judicial Committee: Prof G Hall, Chairman - Mr V Munro, Committee Member

Plea: Admitted

Charge: Improper use of whip when foot out of sulky footrest

Evidence:

Stipendiary Steward, Mr L Tidmarsh, alleged a breach of r 869(2)(a) by Open Horseman Mr B Norman. The Information stated “that Mr Norman used his whip in an improper manner near the 450 metres mark.”

The hearing was an adjourned hearing on 4 March 2017 at the Wyndham HRC meeting.

Mr Norman signed the Information admitting the breach and also endorsed the Information to the effect that he did not wish to be present for the hearing.

Rule 869(2)(a) states:

“No horseman shall during any race use his whip in an unnecessary, excessive or improper manner.”

The “Use of Whip Guidelines” issued by Harness Racing New Zealand includes the following:

“Improper use of the whip includes … Using the whip while having a foot out of the footrest”.

Submission For Decision:

Mr Tidmarsh used the camera from behind the horses as they left the back straight to identify Mr Norman driving CELEBRITY EASTON racing towards the rear of the field.

Mr Tidmarsh said as Mr Norman's left foot clearly came out of the footrest, he then used his whip twice. These were quite firm strikes.

Mr Norman had no explanation for his actions other than to say to Mr Tidmarsh that it was not his usual sulky. The sulky was a lot bigger and he was further away from his horse.

Decision:

As Mr Norman admitted the breach, we find the charge proved.

Submission For Penalty:

Mr Tidmarsh stated that Mr Norman had a clear record under this rule in the previous 12 months. Mr Tidmarsh stated that the JCA Guidelines provide the starting point for a breach of this rule was a $500 fine or a 2 day suspension but submitted an appropriate penalty on this occasion was a fine in the vicinity of $200.

Reasons For Penalty:

The Committee viewed the end on footage from behind the horses and observed Mr Norman use his whip twice whilst his left foot was out of the footrest. This action is a breach of the “Use of Whip” guidelines issued by Harness Racing New Zealand.

Mr Norman has admitted the breach and has an excellent record with respect to this rule.

We have reviewed the range of penalties for similar breaches of this rule in the past 24 months to ensure consistency. Similar breaches have led to fines of $200 being imposed (eg Mr Pyers 17 March 2015; Mr Briskie 27 February 2016; Mr Edmonds 17 September 2016). An exception is the penalty of $300 imposed on Mr Purdon on 26 March 2016. We do not know the status of that race. We see no reason to apply a different penalty to that in the majority of the cases we have identified.

Penalty:

Mr Norman is fined $200 and the Stipendiary Stewards are asked to remind him of his professional obligations.

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hearing_type: Old Hearing

Rules: 869(2)(a)

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