NZ Metro TC 24 May 2019 – R 1 (heard 26 May 2019 at Rangiora) – Chair, Ms O Jarvis

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hearing_title: NZ Metro TC 24 May 2019 - R 1 (heard 26 May 2019 at Rangiora) - Chair, Ms O Jarvis

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RACEDAY JUDICIAL COMMITTEE DECISION R1 NZMTC 24 May 2019

The Hearing of this Information was adjourned sine die from the NZMTC Meeting on Friday 24 May and heard this day 26 May 2019 at the Rangiora HRC meeting at Rangiora.

Informant: S P Renault, Stipendiary Steward

Defendant: W Rich, Amateur Driver

Information No: A11412

Meeting: New Zealand Metropolitan Trotting Club

Date: 24 May 2019

Venue: Addington Raceway, Christchurch

Race: 1

Rule No: 869 (2)

Judicial Committee: O K Jarvis, Chair - D Anderson, Panellist

Plea: Admitted

FACTS:

Following the running of Race 1, Bishopdale/Bush Inn TAB’s Amateur Champs Heat 3 Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Mr W Rich, alleging that, as the driver of IMMORTAL CHANGE in the race, he “used his whip excessively in the final 400 metres”.

Mr Rich had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he further indicated that he did not wish to be present at the hearing.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of Whip Regulations (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

SUBMISSIONS:

Mr Renault showed the video replays of the final 400 metres of the race, to the Committee. He alleged that Mr Rich, driving IMMORTAL CHANGE, used his whip on 13 occasions to the finishing line.

Mr Renault confirmed that Mr Rich had accepted the alleged count of 13 strikes.

DECISION:

Mr Rich having admitted the breach, the charge was found proved.

PENALTY SUBMISSIONS:

Mr Renault informed the Committee that Mr Rich has had 10 drives to date this season. He has a clear record.

Mr Renault referred to the Penalty Guide for breaches of the rule as set out in the Use of the Whip Regulations. The sliding scale for a “1st offence” provided a starting point for penalty, where the number of strikes was in the 11-13 range, of a fine of $200.

He submitted that a fine of that amount was an appropriate penalty in this case.

REASONS FOR PENALTY:

In determining penalty, the Committee had regard to the sliding scale of penalties as set out in the Use of the Whip Regulations. The prescribed penalty for a first breach, as this breach is deemed to be, involving a number of strikes in the range of 11-13 is a fine of $200. There were no aggravating factors in this case, in the view of the Committee, and no mitigating factors warranting a discount.

PENALTY:

Mr Rich is fined the sum of $200.

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hearing_type: Old Hearing

Rules: 869(2)

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