Manukau TC – 1 June 2007 –

hearingid: 3fff91e37377f31884be08c9d21b3028

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hearing_racingtype: harness-racing

startdate: 01/06/2007

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hearing_title: Manukau TC - 1 June 2007 -

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Following the running of race 2 an information alleging a breach of rule 869 (2) (a) was filed the informant was Mr J.M.Muirhead and the defendant Mr B. Lee. The information stated that Mr Lee had used his whip excessively

Following the running of race 2 an information alleging a breach of rule 869 (2) (a) was filed the informant was Mr J.M.Muirhead and the defendant Mr B. Lee. The information stated that Mr Lee had used his whip excessively on his horse Flubyu over the concluding stages of the race.

Mr Lee did not admit the breach and was present at the hearing of this information.

Mr Muirhead opened his case by reading the rule and guidelines for the use of the whip as circulated by HRNZ and Mr Lee acknowledged that he was aware of the rule and the guidelines. Mr Muirhead showed the video of the run home and this showed Mr Lee driving Flubyu challenging wide on the track under a drive from Mr Lee and being struck with the whip on a least 22 times in the run home. Mr Muirhead said that there were no pauses and that this in the opinion of the Stipendiary Stewards was in breach of rule 869(2) (a) was excessive and in breach of the guidelines as circulated.

Mr Lee gave evidence and stated his horse was "green ", and he had to keep its mind on the job or he may not have won the race. Mr Lee also stated that if he had not hit his horse he may have been charged with not driving his horse out to the finish of the race. Mr. Muirhead refuted this and statement.

Mr Lee when questioned by the chairman agreed that his use of the whip looked bad and was probably in breach of the rules.

The chairman then put it to Mr Lee that in view of his last statement did he want to admit the breach of this rule, Mr Lee then signed the information admitting the breach.

Submissions were heard on penalty from Mr Muirhead who stated that Mr Lee did not have a good record in relation to excessive use of the whip and in fact had a charge preferred against him recently for which he was fined. Mr Muirhead sought a suspension of Mr Lee's horseman's licence . Mr Lee indicated that he would be prepared to pay a fine in this instance.

Having taken into consideration the admission of the breach of this rule by Mr Lee and also that this breach was the second breach of this rule of recent times I order that Mr Lee's horsemans licence shall be suspended for a period of two days from the close of race tonight up to and including the 10-06-07.

Mr Lee was also advised that should he come up on a similar charge a lengthy period of suspension could be imposed.

Kevin G Coutts

Chairman

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hearing_type: Old Hearing

Rules: 869.2.a

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