Ashburton TC – 24 February 2009 – Race 6

hearingid: 85a5c07f0949b859ff3a8b91b2a211e8

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hearing_racingtype: harness-racing

startdate: 24/02/2009

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hearing_title: Ashburton TC - 24 February 2009 - Race 6

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Following the running of Race 6, Tinwald Liquorland Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Miss S J Ottley, alleging a breach of Rule 869 (2) (a) in that Miss Ottley “as the driver of SWAMP DWELLER used her whip excessively in the run home”.

Following the running of Race 6, Tinwald Liquorland Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Miss S J Ottley, alleging a breach of Rule 869 (2) (a) in that Miss Ottley “as the driver of SWAMP DWELLER used her whip excessively in the run home”.

Miss Ottley was present at the hearing of the information and indicated that she did not admit the breach. She was assisted at the hearing by Licensed Open Driver, Mr C J De Filippi.

Rule 869 (2) (a) provides as follows:

(2)        No horseman shall during any race:-

(a)     use his whip in an unnecessary, excessive or improper manner.

Mr McIntyre stated that the Stipendiary Stewards were alleging that Miss Ottley had used her whip 20 times in the run home. Mr S P Renault, Stipendiary Steward, showed a video replay of the final 300-400 metres of the Race. He pointed out Miss Ottley on SWAMP DWELLER on the extreme outside of the field. He pointed out Miss Ottley use her whip 10 times continuously, then four times with a backhand action and, finally, continue to drive the horse to the finishing line while using the whip. He alleged that Miss Ottley had used the whip 20 times in total. Mr Renault stated that the “backhanders” were not “wrist only” as required by the guidelines but were “full arm”.

Mr De Filippi made a number of submissions on behalf of Miss Ottley by way of a defence to the charge as follows:

1.      Miss Ottley was a Junior Driver who has had almost 40 drives;

2.      The track is different in that the home straight is just on 400 metres long and, on that basis, Miss Ottley had used her whip only every 20 metres;

3.      Miss Ottley’s horse had come from last and finished 2^nd in the Race;

4.      Then guidelines regarding use of the whip made no mention of the number of hits that were permissible or when a driver should “knock off”;

5.      On every occasion that Miss Ottley hit the horse, it “kept giving”;

6.      The horse was not hit hard and there would not have been a mark on it;

7.      A driver has an obligation to drive his or her horse to the finishing line and the guidelines give no guidance on when to stop driving;

8.      The backhanders made it look better and, in any event, it did not look bad;

9.      The backers of the SWAMP DWELLER would have been happy that she kept driving the horse.

Miss Ottley was given the opportunity to make a statement with regard to the charge. She stated that the horse kept giving on each occasion that she hit it and that was the reason that she continued to use the whip.

In summing up, Mr McIntyre referred to the decision of the Appeals Tribunal in the thoroughbred case of Enright (1996)

Following a brief deliberation, the Committee delivered the following oral decision:

“We have listened to the evidence of the Stipendiary Stewards and the submissions of Mr De Filippi on behalf of Miss Ottley and, in addition, we have carefully viewed the video replays.

In terms of the guidelines, which are now well known, excessive use of the whip simply means “too much” and relates to the number of times and/or the force with which the whip is used.

The number of times the whip was used, 20, was not disputed by Mr De Filippi or Miss Ottley. In the view of the Committee, 20 times in the final straight is too much.

The matters advanced by Mr De Filippi on Miss Ottley’s behalf do not amount to a defence to the charge and Mr McIntyre referred to the Enright case in this regard. We agree with Mr McIntyre’s submission.

There were no distinct pauses or acceptable alternative actions and the use of the whip was, in our view, continuous.

We therefore find the charge of excessive use of the whip to be proved.

Mr McIntyre informed the Committee that this was Miss Ottley’s first breach of the whip Rule. He recommended a fine of $200.

Mr De Filippi asked the Committee to have regard to the fact that Miss Ottley was a Junior Driver and what she earned in her employment as a stablehand. Miss Ottley confirmed to the Committee that she was in a position to pay a fine and preferred a fine to a term of suspension. She did not want to lose the drive on SWAMP DWELLER.

The Committee, in determining penalty, took into account Miss Ottley’s previous good record, her lack of experience and her financial position. In addition, the Committee considered that this breach was at the lower to middle end of the scale of seriousness.        

Miss Ottley was fined the sum of $150.

R G McKenzie

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hearing_type: Old Hearing

Rules: 869.2.a

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race_title: Race 6

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meetdate: 24/02/2009

meet_title: Ashburton TC - 24 February 2009

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name: Ashburton TC