Auckland TC – 28 April 2006 – Race 8

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hearing_racingtype: harness-racing

startdate: 28/04/2006

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decisiondate: no date provided

hearing_title: Auckland TC - 28 April 2006 - Race 8

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Decision:

An information was lodged by Stipendary Steward Mr J Muirhead against Mr W Higgs the driver of Totally Different in that he used his whip excessively

An information was lodged by Stipendary Steward Mr J Muirhead against Mr W Higgs the driver of Totally Different in that he used his whip excessively when driving Totally Different over the concluding stages of the race.

Mr Higgs was present and did not admit a breach of the Rule.

Mr Higgs was asked if he understood the Rule and he acknowledged doing so and he was also provided with a copy of a Memorandum from the Chief Stipendary Steward dated the 18^th of March 2003 which set out the Stipendary Steward's guidelines relating to Rule 869(2).

Mr Higgs asked for an adjournment of this Hearing for a week to enable him to obtain other evidence and to also supply mitigating evidence to the Panel. Mr Higgs was asked to provide this Committee with some detail as to what that further evidence and mitigating matters might be. Mr Muirhead objected to any adjournment and advised this Committee that the only relevant evidence was that evidence provided in respect to the race in question.

The Committee resolved not to grant any adjournment and to proceed with the Hearing.

Mr Muirhead demonstrated the incident on video film and pointed out that Mr Higgs was in the trailing position and had been in the trailing position throughout most of the race. Mr Muirhead pointed out that Mr Higgs had used the whip on Totally Different just prior to the home turn and he continued to use it until approximately 60 metres from the winning post. Mr Muirhead advised this Committee that by his calculation Mr Higgs had used the whip 25 times before stopping. In Mr Muirhead's view the use of the whip by Mr Higgs that many times was excessive.

Mr Higgs then had the opportunity to question Mr Muirhead and did so extensively. Mr Higgs based questions not only on his actions but also on the Stipendary Steward's guidelines in respect to the use of the whip. Mr Higgs asked if his various actions in the manner in which he used the whip were satisfactory under the guidelines but Mr Muirhead said no.

Mr Higgs also asked Mr Muirhead if with 200 metres to run if Mr Higgs had an opportunity to run in the first six and Mr Muirhead acknowledged that he did have that opportunity.

Mr Higgs then gave evidence and used the video film and endeavoured to demonstrate to this Committee that he had paused in his whip action in the straight on more than one occasion and that he had satisfied the elements of the Stipendary Steward's guidelines to enable him to use the whip in the manner that he did. Mr Higgs also pointed out the position of his horse at various stages down the straight and pointed out that he was in contention initially to run in the money and latterly to run in the first six. Mr Higgs pointed out that he had an obligation to obtain the best possible position at the finish and he did make note to this Committee that he was driving in a $100,000 race. Mr Muirhead objected on the basis that the size of the Stake was irrelevant in a charge such as this. Mr Higgs also pointed out that he stopped driving with approximately 60 metres to go when he realised that his horse could not finish in a dividend bearing position.

Mr Higgs and Mr Muirhead were then given the opportunity to make submissions to this Committee.

Mr Higgs stated that he had driven his horse within the boundaries of proper driving and within the Stipendary Steward's guidelines and that he did have an opportunity to finish in the money and in driving within the guidelines he was trying to get the horse the best possible finishing position. Mr Higgs also said that if there was any doubt then it should go in his favour.

Mr Muirhead then submitted that there was clearly excessive use of the whip and also pointed out that the horses in the race had run the last half in 56 seconds and that accordingly horses would be generally doing their best to even be there and did not need to be hit with the whip. Mr Muirhead provided evidence of Mr Higgs' Race Day Judicial Transgressions but that did not include any relating to the excessive use of the whip and did not help this Committee.

In considering this matter and reaching its decision the Committee took into account the following matters:

1. The actions of Mr Higgs and the fact that he had stopped using the whip with approximately 60 meters to run.

2. The pause (however brief) in Mr Higgs' whip action up the straight.

3. The fact that Mr Higgs was in contention for a good part of the straight to finish in a dividend bearing place.

4. The evidence as a whole.

5. The submissions made.

Having taken all those matters into account the Committee dismissed the charge against Mr Higgs.

BJ Scott

Chairman

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hearing_type: Old Hearing

Rules: 869.2

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raceid: 88b6087c4e4e6020f89c41246f85aeec

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race_title: Race 8

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meetdate: 28/04/2006

meet_title: Auckland TC - 28 April 2006

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name: Auckland TC