Adjourned hearing RIU v P Davis – Decision dated 10 January 2020 – Chair, T Utikere

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decisiondate: 13/01/2020

hearing_title: Adjourned hearing RIU v P Davis - Decision dated 10 January 2020 - Chair, T Utikere

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Decision:

Reefton TC 30 December 2019 - R 10 (heard at Nelson on 10 January 2020)

Name: Mr P Davis - Licensed Open Horseman

Informant: Mr S Renault - Stipendiary Steward

Also Present: Mr P Williams - Stipendiary Steward

Information Number: A13110

Judicial Committee: Mr T Utikere – Chair, Mrs N Moffatt Committee Member

Plea: Admitted

Rule:869(2) and Clause (b) of the ‘Use of Whip Regulations’.

Charge: Contravention of the Use of Whip Regulations

Evidence:
Following the running of Race 10 (Ray and Merie Morris Memorial Handicap Trot), at the Reefton Trotting Club’s Meeting on 30 December 2019, Information A13110 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) in that Mr Davis "... used his whip excessively inside the final 400m in breach of the Use of Whip Regulations (Clause b)". This Information was adjourned by the Raceday Judicial Committee and this Non-Raceday Panel was appointed to hear this matter prior to racing at Nelson on 10 January 2020.

Rule 869(2) states: "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."

Mr Davis acknowledged that he understood the Rule and Regulations and that he admitted the breach.

Using the head-on film Mr Williams identified I’LDOITMYWAY racing in a position closest to the running rail upon entering the home straight. Mr Davis was then observed to use his whip on 11 occasions within the final 400m.
In response to a question from the Committee, Mr Renault advised the straight at Reefton was some 200 to 230 metres in length.

Mr Davis had no comments on the incident.

Decision:
As the charge was admitted, the Committee deemed the charge proved.

Submission for Penalty:
Mr Williams identified that this was the Respondent’s second breach with a breach at Westport on 28 December (11 strikes) attracting a $200 fine. He identified that Mr Davis had 32 drives this season, with 63 drives in the season prior. He submitted a term of suspension as appropriate, and as this was a low-end breach of 11 strikes, a three day suspension was his submission.

Mr Davis stated that this was his second offence over a short period, and that both breaches had only been one strike over the Regulations. He believed that as a low-end offence, the suggestion of a three days suspension was “a punishment that did not fit the crime”. He submitted a two days suspension as appropriate and sought a deferral to complete engagements at the upcoming two day Meeting at Blenheim. He advised that he was intending to drive at upcoming Blenheim, Addington, Geraldine and surrounding meetings. 

Reasons for Penalty:
It is clear from the head-on film that Mr Davis used his whip 11 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations. While the Committee notes the Respondent's early admission and that this is his second breach of the Rule, within the defined reset period, it considers a mitigation inclusive penalty as identified in the Regulation's sliding scale as appropriate. Of concern is that this second breach occurred only two days after the first breach. Whilst it may be a low-end breach of one strike above what is permitted, it nonetheless is appropriate to engage what is identified within the sliding Penalty Scale for a second breach of a three to five days suspension. The end result will be a three days period of suspension. Whilst Mr Davis may prefer to have such a suspension commence after racing at Blenheim on Sunday 19 January, that is beyond the seven days deferral available to him.

Penalty:
Mr Davis is suspended from the close of racing at Blenheim on 17 January until the close of racing at Motukarara on 26 January 2020.

T Utikere
Chair

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