Non Raceday Inquiry RIU v B Orange – Decision dated 6 November 2014

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decisiondate: 01/11/2014

hearing_title: Non Raceday Inquiry RIU v B Orange - Decision dated 6 November 2014

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Decision:

BEFORE A JUDICIAL COMMITTEE

IN THE MATTER of the New Zealand Rules of Harness Racing

IN THE MATTER of Information No. A6605

BETWEEN SCOTT WALLIS

Stipendiary Steward for the Racing Integrity Unit

Informant

AND BLAIR ORANGE of Christchurch, Licensed Open Horseman

Respondent

Date of Hearing: 6 November 2014

Venue: Rangiora Racecourse, Christchurch

Judicial Committee: S C Ching, Chair - K G Hales, Committee Member

Present: Mr S Wallis, the Informant

Mr B Orange, the Respondent

Date of Decision: 6 November 2014

DECISION OF JUDICIAL COMMITTEE

The Charge

[1] Information No.A6605 alleges that:

Mr Orange used his whip in an improper manner during the preliminary by making contact with the hind leg of NULLARBOUR NYMPH on several occasions.

The Rules

[2] 869 (2) No horseman shall during any race:-

(a) use his whip in an unnecessary, excessive or improper manner;

The Plea

[3] Mr Orange had signed the Information that the breach was admitted. Mr Orange confirmed this at the hearing. He also confirmed he understood the rule he was being charged with.

Summary of Facts

[4] On 31 October 2014 at the NZMTC meeting at Addington, Open Horseman, Mr B Orange was engaged to drive NULLARBOR NYMPH in Race 4 the Clarkson Signs-Large Format Print Pace.

[5] During the preliminary, prior to the race, Mr Orange was observed by a member of the public watching Trackside television, to use his whip by making contact with the hind legs of NULLARBOR NYMPH.

[6] A member of the public made a complaint to the appropriate authorities who investigated the incident.

[7] Mr Wallis made application pursuant to Rule 1103(4)(c) from the General Manager of the RIU, Mr M Godber, to lodge an information against Mr Orange for a breach of Rule 869(2)(a). This application was granted on 4 November 2014 and a letter was produced for the Judicial Committee.

[8] Mr Orange was subsequently charged on with a breach of Rule 869(2)(a) in that he used his whip in an improper manner whilst driving NULLARBOR NYMPH in its preliminary.

Informant’s Submissions

[9] Mr Wallis showed video footage of the incident to the Committee which provided a close up view of Mr Orange driving NULLARBOR NYMPH in its preliminary. Mr Wallis pointed out Mr Orange use his whip below the shafts of the sulky by touching the hind legs of NULLARBOR NYMPH on 5 or 6 occasions.

[10] Mr Wallis submitted that under the Whip Guidelines, use of the whip below the level of the sulky shafts is regarded as improper use of the whip.

Submissions of Respondent

[11] Mr Orange stated that he was touching NULLARBOR NYMPH on the hind legs as a means of “waking the horse up” and getting her “on the job” for the race. He described the touching of the whip as “little fly swats’ on the hind legs.

[12] He stated that the horse had not been racing well recently and he was trying something different to encourage the mare to improve her performance. He also stated he thought he was doing right by the owner, trainer and punters by trying to encourage the mare to improve her racing performance. He said it was unfortunate that it was on Trackside television.

Submissions of Informant on Penalty

[13] Mr Wallis for the RIU stated that Mr Orange was a very busy driver who averages 500 drives per season. He submitted that the breach was at the very low end of the scale. He stated that if he was asked to rate the breach out of 10, with 10 being the highest and 1 as the lowest, he would rank this as a “minus 10.” He submitted that Mr Orange had been professional to deal with in this matter and admitted the breach at the first opportunity. He also stated that his record was clear in regard to this particular rule.

[14] He said the only recent similar case the Stewards could find where the whip was used below the sulky shaft was RIU v D where the breach was during the running of a race and the whip was used on the horse out of frustration. The fine on that occasion was $100. He submitted that the Committee should consider a minimal penalty at the very low end of what the Committee’s discretion would allow.

Respondent’s Submissions

[15] Mr Orange submitted that this was a “nothing” incident and a judicial warning should be imposed as penalty.

Reasons for Penalty
[16] In determining penalty, we have given credit to Mr Orange for his frank admission of the breach and his good record. We have also given credit for the professional manner in which he conducted himself in this matter and have taken into consideration that he is a very experienced, busy driver. We have also taken into consideration the level of breach which we believe is at an extremely low level. We also explained to Mr Orange that the Rules of Harness Racing do not provide for “Judicial warnings”.

[17] Mr Orange has used his whip below the level of the sulky shafts and has admitted to this. The Committee determined that this was a technical breach of the rule. There was no force in his whip action and it was clear on the video replays that the whip was just tapping the horse’s legs in a gentle manner. The horse did not react in any way and it is in our considered opinion that animal welfare was not an issue. He really did no more than to touch the horse’s legs with his whip.

[18] In this instance there is no need for us to adopt a starting point for penalty because from our perspective, no penalty is called for, for the reasons we have set out above. The very low level of the breach does not warrant the imposition of a penalty. From our point of view it is sufficient that Mr Orange has on his record an admitted breach of the rule.

S C Ching           K G Hales

Chair                  Committee Member

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