Adjourned hearing NZ Metropolitan TC 26 June 2020 – R 9 (heard 3 July 2020 at Addington) – Chair, Mr D Anderson

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startdate: 26/06/2020

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hearing_title: Adjourned hearing NZ Metropolitan TC 26 June 2020 - R 9 (heard 3 July 2020 at Addington) - Chair, Mr D Anderson

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr N Ydgren, Chief Stipendiary Steward

Defendant: Miss L McKay, Licensed Junior Driver

Information No: A13260

Meeting: New Zealand Metropolitan Trotting Club

Date: 26 June 2020 (heard 3 July 2020 at Addington)

Venue: Addington Raceday

Race: 9

Rule No: 869(2)

Judicial Committee: Mr D Anderson, Chairman

Plea: Admitted

EVIDENCE:
Following the running of race 9 an Information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Licensed Junior Driver, Miss L McKay, alleging that as the driver of TEAM KIWI in the race, “used her whip on more occasions than permitted by clause (b) of the whip regulations”.

A hearing was opened by Mr S Ching, JCA Chairman and then adjourned, and heard today 3 July 2020.

Miss McKay had signed the Information admitting the breach and stated she was conversant with the whip regulations.

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 Regulation 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.

Mr Ydgren used the race video to identify Miss McKay driving (TEAM KIWI), racing in the lead at approximately the 400 metres. He pointed to Miss McKay use her whip on 12 occasions from the 400 metres to the finishing post.

Miss McKay agreed with the alleged number of strikes.

DECISION:
As Miss McKay admitted the breach the charge was found proved.

PENALTY SUBMISSIONS:
Mr Ydgren said the strikes were not forceful and informed the Committee Miss McKay had a previous breach of the rule on 7 January this year. He said this was only 4 days from being reset on her record, but the Stewards would be agreeable to a fine instead of a suspension in this case if Miss McKay wished.

Miss McKay said she would prefer a fine as penalty.

REASONS FOR PENALTY:
The Committee in assessing the factors of a low range breach together with Miss McKay being just 4 days short of 6 months since her last indiscretion considered a fine would be appropriate in this case.

The JCA Penalty Guide provides a fine of $200 for a breach of the rule involving 11 to 13 strikes mitigation inclusive.

There are no aggravating factors to consider.

PENALTY:
Accordingly, Miss McKay is fined $200.

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hearing_type: Old Hearing

Rules: 869(2)

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