Kapiti Coast HRC 1 February 2019 – R 6 (heard 3 February 2019 at Otaki) – Chair, Mr P Williams

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startdate: 01/02/2019

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hearing_title: Kapiti Coast HRC 1 February 2019 - R 6 (heard 3 February 2019 at Otaki) - Chair, Mr P Williams

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Kapiti Coast HRC - Adjourned Hearing from the Kapiti Coast HRC meeting on 1 February 2019 heard at the Kapiti Coast HRC meeting on 3 February 2019

Information Number: A10856

Informant:  Mr S Mulcay – Senior Stipendiary Steward

Respondent:  Mr B Towers – Open Horseman

Rule:--869(2) and Contravention of Use of the Whip Regulations”

Plea: Admitted

Judicial Committee: Mr P Williams - Chair

FACTS

This matter was heard at the Kapiti Coast HRC meeting on 3 February 2019.

Following the running of Race 6, the “Kapiti Ten Pin Bowling & Beach FM 106.3 Mobile Pace” at the Kapiti Coast HRC meeting on 1 February 2019, Information A10586 was filed by Senior Stipendiary Steward Mr S Mulcay against Open Horseman Mr B Towers alleging “he used his whip on more occasions than permitted over the final 400m”.

Mr Towers signed the Information indicating he admitted the breach and also that he understood the Rule and the Whip Regulations he had breached.

Rule 869 states:

(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.

Using the available films from the 400m point Mr Mulcay highlighted Mr Towers driving “Phillydotcom” racing at the rear of the field. He said from the top of the straight Mr Towers used his whip 19 times in a striking motion and was therefore in breach of the Use of the Whip Regulations.

Mr Towers said he thought the strike count was only 18.

DECISION

As Mr Towers has admitted the breach the Committee finds the charge proved.

SUBMISSIONS ON PENALTY

Mr Mulcay said this was Mr Towers’ second breach of the rule in the last month with the previous breach occurring at Tauherenikau on 2 January when he was fined $200. He said the starting point for a second breach was a 3-5 day suspension and given that Mr Towers had used his whip 19 times he submitted a 5 day suspension was an appropriate penalty.

REASONS FOR PENALTY

The Committee has reviewed the film of the final 400m of the Race. Mr Towers has used his whip in a striking motion 18/19 times with some of the strikes being quite forceful. That number of strikes means the severity of the breach in the high range and it is noted this is his second breach of the Rule and Whip Regulations in a month. The starting point penalty for today’s high range breach is a suspension of 5 days which the Committee considers to be mitigation inclusive.

Mr Towers is not a busy driver having had only 8 drives in the current season and only drives in the Central Districts and occasionally at Cambridge. Taking all of the above it is considered that a suspension is an appropriate penalty and on this occasion it will be for 5 race days, which means the penalty covers a period of 4 weeks. For completeness the dates included are Cambridge (7 February), Palmerston North (12 and 14 February), New Plymouth (28 February) and Stratford (2 March).

PENALTY

Mr Towers is suspended from driving from the close of racing on Sunday 3 February 2019 until the close of racing on Saturday 2 March 2019.

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hearing_type: Old Hearing

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

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