Marlborough HRC 23 June 2019 – R 8 (heard on 5 July 2019 at Addington) – Chair, Mr R G McKenzie

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startdate: 23/06/2019

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hearing_title: Marlborough HRC 23 June 2019 - R 8 (heard on 5 July 2019 at Addington) - Chair, Mr R G McKenzie

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION (Heard at Addington on 5 July 2019)

Informant: S P Renault, Stipendiary Steward

Respondent: M J Anderson, Licensed Open Driver

Information No: A11424

Meeting: Marlborough Harness Racing Club

Date: 23 June 2019

Venue: Waterlea Raceway, Blenheim

Race: 8

Rule No: 869 (2) and Use of the Whip Regulations

Judicial Committee: R G McKenzie, Chairman / S C Ching, Panellist

Plea: Admitted

FACTS:

Following the running of Race 8, Wairau Covers Marlborough Winter Cup (Handicap Pace), an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr M J Anderson, alleging that Mr Anderson, as the driver of SMOKIN BY in the race, “used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations”.

The information was filed with the Judicial Committee on the raceday and adjourned sine die. The information was served on Mr Anderson and he had completed the Statement by the Respondent on the information form indicating that he admitted the breach.

The information was heard at the meeting of New Zealand Metropolitan TC at Addington Raceway on Friday, 5 July 2019. Mr Anderson was present at the hearing and he confirmed that he admitted the breach.

Rule 869 provides: -

(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 provides as follows:

(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.

SUBMISSIONS:

Mr Renault showed video replays of the final 400 metres of the race. He pointed out SMOKIN BY, driven by Mr Anderson, racing in the trail behind the leader, SOCIABLE, and about to take the passing lane as the field entered the final straight. Stewards were alleging that Mr Anderson had used his whip on 13 occasions in the final straight, half of which were backhanders, Mr Renault said. Mr Anderson accepted the alleged count of 13.

Mr Anderson did not wish to comment on the videos.

DECISION:

Mr Anderson has admitted the charge which is therefore found proved.

PENALTY SUBMISSIONS:

Mr Renault told the hearing that Mr Anderson has had 163 drives in the current season to date and, in the 2017/2018 season had 371 drives. He has a previous breach on his record – on 10 May last at Addington he was fined the sum of $500 (in a “major race”), which was 17 drives ago, he said.

Mr Renault referred to the starting point for penalty prescribed in the Regulations for a second or subsequent breach with 6 months – a 3-5 days suspension. Stewards were seeking a suspension for this breach, but Mr Renault did accept that it was at the lower end of the scale. On that basis, Stewards were seeking a 3-days suspension, he said.

Mr Anderson had not driven at Forbury Park for 12 months and, therefore, the meeting there on 11 July next should not be included as one of the days, Mr Renault said. After a brief discussion, Mr Anderson accepted that.

Mr Anderson did not seek a deferment beyond the meeting of Rangiora HRC on 7 July at which he had notified drives. He asked the Committee to take into account his admission of the breach and the low-end nature of the breach.

PENALTY REASONS:

The penalty guide in the Use of the Whip Regulation suggest a starting point for a second or subsequent breach of the rule of a 3-5 days suspension. This breach was a second breach and can properly be categorised as a low-end breach, both in terms of number and in terms of force. The Committee noted that several of the strikes were backhanders. There were no aggravating factors. Accordingly, the Committee considers that a penalty at the low end of the prescribed range is appropriate.

PENALTY:

Mr Anderson’s Open Driver’s licence is suspended from after the close of racing on 7 July 2019 up to and including 19 July 2019 – 3 days. The meetings intended to be encompassed by the period of suspension are NZ Metropolitan TC on 12 July, Ashburton TC on 14 July and NZ Metropolitan TC on 19 July 2019.

R G McKenzie                S C Ching

CHAIRMAN                    PANELLIST

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hearing_type: Old Hearing

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

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