Archive Decision

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Forbury Park TC 18 April 2019 – R 10 (heard on 27 April 2019 at Invercargill) – Chair, Prof G Hall

ID: JCA22322

Hearing Type:
Old Hearing

Rules:
869(2) and Use of the Whip Regulations

Hearing Type (Code):
harness-racing

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Information No: A12493

Meeting: Forbury Park Trotting Club

Race: 10

Date: 18 April 2019 (heard at Invercargill Raceway 27 April 2019)

Rules: 869(2) and Use of the Whip Regulations

Name(s): Mr D Simpson - Licensed Open Driver

Informant: Mr V Munro - Stipendiary Steward

Plea: Admitted

Charge: Excessive Use of the Whip

Evidence:

Stipendiary Steward, Mr Munro, alleged that Mr Simpson, the driver of VIGOROSO used his whip on more occasions than is permitted by the Use of the Whip regulations.

Mr Simpson signed the information indicating that he admitted the breach and did not wish to be present at the hearing of the Information.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of the Whip Regulations provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Munro demonstrated on the race films that the respondent, who improved down the middle of track in the last 200 metres, used his whip 14 times. The horse finished 5th.

Mr Simpson told the Stipendiary Stewards that a number of the strikes were to the dust sheet. The Stewards accepted that some of the early strikes were of this nature.

As Mr Simpson has admitted the breach, the breach is found to be proved.

Mr Munro produced Mr Simpson’s record. Mr Munro described him as an “irregular driver”. has had 7 drives this season, 6 last season and none the season before. His record is clear under this rule.

The breach is mid-range. The Committee accepts that some of the early strikes were to the dust sheet, but these form part of the count of 14 strikes. The Penalty Guide provides a penalty for a first breach of $300 in these circumstances.

Mr Simpson is fined the sum of $300.

Decision Date: 18/04/2019

Publish Date: 18/04/2019

JCA Decision Fields (raw)

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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

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startdate: 18/04/2019


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hearing_title: Forbury Park TC 18 April 2019 - R 10 (heard on 27 April 2019 at Invercargill) - Chair, Prof G Hall


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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Information No: A12493

Meeting: Forbury Park Trotting Club

Race: 10

Date: 18 April 2019 (heard at Invercargill Raceway 27 April 2019)

Rules: 869(2) and Use of the Whip Regulations

Name(s): Mr D Simpson - Licensed Open Driver

Informant: Mr V Munro - Stipendiary Steward

Plea: Admitted

Charge: Excessive Use of the Whip

Evidence:

Stipendiary Steward, Mr Munro, alleged that Mr Simpson, the driver of VIGOROSO used his whip on more occasions than is permitted by the Use of the Whip regulations.

Mr Simpson signed the information indicating that he admitted the breach and did not wish to be present at the hearing of the Information.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of the Whip Regulations provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Munro demonstrated on the race films that the respondent, who improved down the middle of track in the last 200 metres, used his whip 14 times. The horse finished 5th.

Mr Simpson told the Stipendiary Stewards that a number of the strikes were to the dust sheet. The Stewards accepted that some of the early strikes were of this nature.

As Mr Simpson has admitted the breach, the breach is found to be proved.

Mr Munro produced Mr Simpson’s record. Mr Munro described him as an “irregular driver”. has had 7 drives this season, 6 last season and none the season before. His record is clear under this rule.

The breach is mid-range. The Committee accepts that some of the early strikes were to the dust sheet, but these form part of the count of 14 strikes. The Penalty Guide provides a penalty for a first breach of $300 in these circumstances.

Mr Simpson is fined the sum of $300.


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Rules: 869(2) and Use of the Whip Regulations


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