Ashburton TC – 3 June 2006 –

hearingid: 8b2ad103c28a131df1b27d7a82d33df4

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hearing_racingtype: harness-racing

startdate: 03/06/2006

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hearing_title: Ashburton TC - 3 June 2006 -

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Following the running of Race No 4 the Stipendiary Stewards lodged an information against Mr Garvey alleging that he used his whip excessively

Following the running of Race No 4 the Stipendiary Stewards lodged an information against Mr Garvey alleging that he used his whip excessively over the latter stages of the race runner, therefore, reaching Rule 869 [2][a]. At the outset of the hearing Mr Garvey confirmed that the breach was not admitted.

The video evidence of the last 300 metres of the race was presented and Mr Escott asked the Committee to note that Mr Garvey (Miss Deodata) hit his horse at least 21 times between the 250 metre mark and 50 metres form the winning post. He further stated, with reference to the video evidence, that the horse Miss Deodata had no chance of running in a place as it was under pressure and had at least 6 horses in front of it and it was clear that it could not improve its position.

Mr Garvey said that his horse was a staying horse and it was back on the fence and to give it every opportunity of running in a better position he was required to try it with the whip over a distance. He further said that the straight was quite long and asked the Committee to note that in his view his actions were not excessive and the horse was not marked.

Mr Escott, when commenting on Mr Garvey's evidence, said that the length of the straight had nothing to do with the alleged incident but rather the manner in which Mr Garvey used his whip.

The Committee, after taking into account the evidence of the Stipendiary Steward including the video evidence and the evidence of Mr Garvey, is of the view that the use of the whip over the distance of approximately 200 metres when the horse was struck at least 21 times was excessive and that it was clear from the video evidence that the actions of Mr Garvey did not or could not improve the horse's position.

With regard to penalty the Stipendiary Stewards indicated that there was no previous breaches by Mr Garvey of this rule during the last year. They sought a monetary penalty in the range of $200. Mr Garvey, for his part, repeated his view that the use was not excessive and that the penalty of $200 was inappropriate.

After taking into account the Stipendiary Stewards submissions on penalty and the incidence itself, the Committee is of the view that the appropriate penalty on this occasion is $200 and accordingly a fine of that amount is imposed.

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B J Coombes

Chairman

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hearing_type: Old Hearing

Rules: 869.2.a

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