Auckland TC – 4 May 2007 – Race 5

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startdate: 04/05/2007

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decisiondate: no date provided

hearing_title: Auckland TC - 4 May 2007 - Race 5

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Decision:

An information lodged by Stipendiary Steward Mr J Muirhead against Mr S McCaffrey, driver of MATAI MAN, alleging a breach of Rule 869 (2) (a) - excessive use of the whip

An information lodged by Stipendiary Steward Mr J Muirhead against Mr S McCaffrey, driver of MATAI MAN, alleging a breach of Rule 869 (2) (a) - excessive

use of the whip ? in that he used his whip excessively when driving his horse out over the concluding stages of the race. Mr McCaffrey denied the breach and was present at the hearing. Mr Muirhead demonstrated the incident by use of the video film. He said Mr McCaffrey used his whip 24 times in the home straight, almost continuously. He said Mr McCaffrey hit his horse except for a couple of times when he hit the dust sheet. He said in his opinion this was clearly excessive use of the whip. Mr McCaffrey said he never hit the horse once ? he only hit the dust sheet. He said it was necessary to hit the dust sheet to motivate the horse and he referred to the narrow margins at the finish of the race ? MATAI MAN finished third, a half head and a nose from the winner.

The Committee referred Mr McCaffrey to the guidelines issued by the Chief Stipendiary Steward on 1^st August 2006, in particular that the use of the whip applies whether striking the horse, harness or sulky. Mr McCaffrey called Mr W Fleming, part owner of the horse, to give evidence. He said he examined the horse after the race and did not believe it had been hit with the whip.

In the opinion of the Committee the use of the whip on 24 occasions in the home straight is excessive. Further, the Committee found that Mr McCaffrey used the whip continuously on 17 occasions which, again, is in breach of the guidelines. The Committee therefore found the charge proven. The Committee did not find that Mr McCaffrey actually hit the horse, due to the conflict of evidence.

Mr Muirhead suggested a fine in the region $250 - $500. He said Mr McCaffrey had no relevant breaches of the Rules recorded against him. He also reminded the Committee it was a premier night's racing. Mr McCaffrey asked for a lesser penalty and said he did not think his use of the whip was really bad and he could not see the relevance of the meeting being a premier one.

In fixing penalty the Committee took into account the following :

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1. Mr McCaffrey's clear driving record.
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2. The submissions of Mr Muirhead.
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3. The submissions of Mr McCaffrey
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4. The stake money payable for the race.
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5. The offending was mid-range on the scale of seriousness.

Balancing those matters, the Committee imposed a fine of $300.00.

B Rowe

Chairman

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hearing_type: Old Hearing

Rules: 869.2.a

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raceid: eb179e4b71c03abe0689e98630b92419

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race_title: Race 5

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meetid: 39d1254feca8f8541ffb8e6b78a1311b

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meetdate: 04/05/2007

meet_title: Auckland TC - 4 May 2007

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tracklocation: auckland-tc

meet_racingtype: harness-racing

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name: Auckland TC