HR Waikato 17 March 2017 – R 11 (heard 24 March 2017 at Alexandra Park) – Chair, Mr B Scott

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startdate: 17/03/2017

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hearing_title: HR Waikato 17 March 2017 - R 11 (heard 24 March 2017 at Alexandra Park) - Chair, Mr B Scott

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr J M Muirhead - Stipendiary Steward

Respondent: Mr J Wallace - Junior Driver (assisted by Mr B Purdon, Senior Trainer and Horseman)

Information: A2619

Rule: 869(2)(a)

Meeting: Harness Racing Waikato

Date: 17 March 2017 (heard 24 March 2017 at Alexandra Park)

Race No: 11

Judicial Committee: Mr B Scott, Chair - Mr A Godsalve, Committee Member

Charge: Excessive Use of the Whip

Plea: Admitted

Evidence

This was an Information filed at the Harness Racing Waikato Meeting on the 17th of March 2017 and adjourned at that meeting and heard before the first Race at the Auckland Trotting Club's Meeting on the 24th of March 2017.

The Information was filed by Stipendiary Steward Mr JM Muirhead following the running of the ROTORUA EAST CLUB JUNIOR DRIVERS MARES MOBILE PACE against Junior Driver Mr J Wallace and it alleged that Mr Wallace used his whip excessively when driving LOLA JONES over the final stages of the race.

Rule 869(2)(a) provides: that during any race no horseman shall use his whip in an unnecessary, excessive or improper manner.

Harness Racing New Zealand issued new Whip Guidelines to take effect from the 1st of December 2016 which provided that any use of the whip in excess of 10 strikes in the last 400 metres of a Race is excessive.

Mr Wallace was present at the Hearing and he advised the Committee that he understood the Rule , that he understood the Guidelines and he admitted the breach.

Mr Wallace was assisted by Senior Trainer and Horseman Mr B Purdon.

Mr Muirhead demonstrated the incident by use of the race films and showed where in the Home Straight Mr Wallace had used the whip and the reins together twice but then used the whip freehand 11 times.

Mr Muirhead said that in terms of the Guidelines the Stewards instructions are that over 10 is excessive.

Mr Wallace said he did not dispute the number of strikes but said they were well spaced and he just got up and won the race by a very short margin. Mr Purdon endorsed his comments.

Decision

The Charge is admitted and is therefore upheld.

Submissions For Penalty

In his submissions Mr Muirhead said that Mr Wallace had fully co-operated with the Stewards and admitted the breach promptly. He said that Mr Wallace is a Junior Driver and he has a good record . He further said that the offence was at the very low end of the scale of excessive use and there was no great force in the strikes with the whip.

Mr Muirhead said that notwithstanding the JCA Penalty Guidelines for this offence any fine should not be over $300.00.

Mr Wallace said again that the strikes with the whip were spaced and the force of those strikes was not excessive.

Mr Purdon acknowledged the Guidelines and he said "the Rules are the Rules" but he said Mr Wallace is a "good young guy" with a good record and his horse just got up to win the Race.

Reasons for Penalty

The Committee viewed the films and we have taken into account the submissions of all parties. We agree with Mr Muirhead that this offence is at the very low end of the scale of seriousness not only because of the number of strikes but also the fact that the strikes were not with any great force.

Mr Wallace is being given credit for his position as a Junior Driver and also his good record and the fact that the strikes with the whip were not only not forceful but also were spaced. We note that Mr Wallace just got his horse up to win the race and we would have understood if he had been more forceful with the whip.

The JCA Guidelines have a starting point penalty of a fine of $500.00 but the standard fine for obscure reasons seems to be $300.00. Mr Muirhead has submitted that any fine should not be in excess of $300.00.

In this case having taken all mitigating factors into account we believe that the fine in this case should be $250.00.

Penalty

This Committee imposes a fine of $250.00 on Mr Wallace and also warns him that a second breach of this Rule within a 6 month period will result in an automatic suspension of his Licence.

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hearing_type: Old Hearing

Rules: 869(2)(a)

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