Appeal – HRNZ v R Reekie – 13 July 2009 decision

hearingid: 28a6994d191f0c7c752fda4171426208

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Appeal - HRNZ v R Reekie - 13 July 2009 decision

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BEFORE THE APPEALS TRIBUNAL
HELD AT CHRISTCHURCH

IN THE MATTER OF New Zealand Rules of Harness Racing

BETWEEN   RAYMOND A REEKIE
   Appellant

A N D   HARNESS RACING NEW ZEALAND
   Respondent

Hearing:  13 July 2009

Appeal Tribunal: His Honour Judge J S Bisphan
                               Mr K Hales

Appearances:  Mr Raymond A Reekie in person 
                            Mr N M Ydgren and Mr McIntyre for the Respondent

Date of Decision: 13 July 2009

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DECISION OF APPEALS TRIBUNAL
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This is an appeal against a Decision of the Raceday Judicial Committee dated 23 June 2009.   The Committee found that Mr Reekie was using his whip excessively.  He was fined $250.00.  He appeals against the finding and the fine.

The appeal, of course, is by way of review and we come to our own conclusion, with no assumption in favour of the Judicial Committee decision and at the Appeal today we heard from both the Stipendiary Stewards and also from Mr Reekie.  We have to be satisfied on the balance of probability that he used the whip excessively.

BEFORE THE APPEALS TRIBUNAL
HELD AT CHRISTCHURCH

IN THE MATTER OF New Zealand Rules of  Harness Racing

BETWEEN   RAYMOND A REEKIE
   Appellant

A N D   HARNESS RACING NEW ZEALAND
   Respondent

Hearing:  13 July 2009

Appeal Tribunal:   His Honour Judge J S Bisphan
                                 Mr K Hales

Appearances:  Mr Raymond A Reekie in person
                            Mr N M Ydgren and Mr McIntyre for the Respondent

Date of Decision: 13 July 2009

______________________________________________________________________
DECISION OF APPEALS TRIBUNAL
______________________________________________________________________

This is an appeal against a Decision of the Raceday Judicial Committee dated 23 June 2009.   The Committee found that Mr Reekie was using his whip excessively.  He was fined $250.00.  He appeals against the finding and the fine.

The appeal, of course, is by way of review and we come to our own conclusion, with no assumption in favour of the Judicial Committee decision and at the Appeal today we heard from both the Stipendiary Stewards and also from Mr Reekie.  We have to be satisfied on the balance of probability that he used the whip excessively.

The hearing largely consisted of viewing the videos and in particular, one video which showed what happened in this race from the, just before the home turn down to the winning post.  The facts of the matter are not greatly in dispute and it is obvious from the evidence from the Stipendiary Stewards which show in the 16 second period just before the home turn down to the winning post Mr Reekie used his whip upon 24 discrete occasions and from our observations of the video, slightly more than that because it is difficult to see exactly what happened just in the home turn.  As I say there is no dispute about that.  The issue is whether that is excessive.  Mr Reekie says that he had held the whip and the reins in his right hand and that the blows that he struck the horse were merely a tap, the blows were something like a tap and certainly not excessive in the force used.   That is not the purpose of the Rule.  The Rule is obviously there to prevent horses from being cruelly treated.  It is also there from the point of view of perception of people watching the races.

We have considered Mr Reekie's evidence and the submissions made and we have concluded that his use of the whip was excessive on this occasion.   This does not, in our view, comply with the guidelines, these are guidelines that have been in place now for some years and were put in place by Stipendiary Stewards.  I don't think we need to read out the guidelines except to just emphasise that 'excessive' means too much and applies whether the whip strikes the horse, the harness or the sulky and the guidelines also refer to the fact that there should be distinct pauses which there was not in this case.  I note there was a pause but it was fairly restricted in the use of the whip by Mr Reekie down the straight.

The guidelines also refer to other acceptable actions and we have taken all those into account.   We have come to the conclusion that the Judicial Committee were correct in finding there was excessive use of the whip and in those circumstances the appeal is dismissed.

Is there any issue as to costs'
There is no problem, it is only money.
You will lose your appeal fee but our view is that this is not an appropriate case for Mr Reekie to pay costs.
No.
Alright we make no order as to costs and the appeal fee will be forfeited to the JCA.

Result

The appeal is dismissed and we make no order as to costs.

Thank you.

Judge Bisphan for self and K Hales
 

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