Non Raceday Inquiry RIU v M J Stratford 19 August 2012 – Decision dated 21 August 2012

hearingid: 5a81ca77258a68da4c2ac795d9a598fb

informantnumber: A5192

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decisiondate: 19/08/2012

hearing_title: Non Raceday Inquiry RIU v M J Stratford 19 August 2012 - Decision dated 21 August 2012

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appealdecision: NO LINKED APPEAL DECISION

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Decision:

NON RACEDAY INQUIRY - JUDICIAL COMMITTEE DECISION

Informant:  Mr N M Ydgren - Stipendiary Steward

Defendant: Mr M J Stratford - Advanced Amateur Driver

Information No:  A5192

Meeting:  New Zealand Metropolitan Trotting Club

Date:  29 July 2012 (Heard on 19 August 2012 at Rangiora)

Race:  2

Rules:  869(2)(a)

Judicial Committee:  S C Ching, Chairman - J M Phelan, Committee Member

Plea:  Admitted

Charge:

Alleged breach of Rule 869(2)(a) - excessive use of the whip 

Evidence:

This matter arose at the NZMTC race meeting held at Addington Raceway on 29 July 2012, but was first heard on 2 August 2012 at the NZMTC race meeting held at Addington Raceway. The information had been filed with the Registrar of the Judicial Control Authority on the day of the races, and we understand that this matter could not be dealt with on the day because Mr Stratford had left the racecourse by the time the Stipendiary Stewards were ready to speak to him about the matter. Mr Stratford said that when he found out about the Information he sought advice from his Solicitor, who suggested that he seek an adjournment, so that he could be present at the hearing.

Mr Stratford was advised by the Committee that he had the right to seek an adjournment and to have legal representation - see Rule 1118. It was also explained that the Information would now be referred to the Executive Officer of the Judicial Control Authority so that a date and time for a non-race day hearing could be arranged. That non-race day hearing was set down for 11am on Sunday 19 August 2012 at Rangiora Raceway.

Following the running of Race 2, the Bishopdale-Bush Inn TAB Amateur Drivers Mobile Pace, an Information was filed by Stipendiary Steward Mr N. M Ydgren against Advanced Amateur Driver Mr M. J. Stratford alleging a breach of Rule 869(2)(a) in that he used his whip excessively.

The charge reads as follows:

“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) driver M. Stratford (Miss Milwaukee) used his whip in an excessive manner in the run home”.

Rule 869(2)(a) reads as follows:

“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”

Mr Stratford agreed that he understood the charge and the Rule it was brought under. Mr Stratford had originally indicated on the information that this charge was not admitted but today advised that he admitted the breach. 

Submissions for Decision:

Mr Ydgren gave evidence and used video coverage to show that Mr Stratford had used his whip on at least 26 occasions over the concluding stages of the race, and that although they were not forceful, the number was deemed to be excessive. Mr Ydgren stated that Mr Stratford when turning for home used his whip on 13 occasions, before pausing to activate gear. He then used the whip on 13 more occasions prior to the winning post.

Mr Stratford did not dispute this evidence. In submissions Mr Stratford stated that amateur drivers only got 2 opportunities per month to drive at totalisator meetings. He said that all other drives were at non totalisator meetings and on those occasions the drivers were not permitted to carry a whip. He stated that come race day and being in contention in the final straight, it was easy to get carried away and forget the whip guidelines.

Decision:

As Mr Stratford had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submissions on Penalty:

In relation to penalty Mr Ydgren advised that Mr Stratford had previously breached this Rule on 15 April 2012 where he was fined $200. Mr Ydgren submitted that credit should be given for Mr Stratford’s admission of the breach and that the whip use was not forceful. Mr Ydgren submitted that a fine in the vicinity of $250 be imposed in this case.

Mr Stratford submitted that a fine of $250 would be reasonable.

We adjourned to consider the question of penalty.

Reasons for Penalty:

In determining penalty we took into account all relevant factors. Mr Stratford‘s admission of the breach and that the strikes were not forceful were mitigating factors. We do however need to take into consideration Mr Stratford’s previous breach of the Rule in the last 12 months and the number of strikes inflicted. After looking at penalties imposed for past similar breaches of this Rule we decided that a fine of $250 should be imposed in this case.

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penalty:

On resuming the hearing we gave our reasons and advised that Mr Stratford was fined the sum of $250.

Costs: Discussion was held in regard to costs with Mr Ydgren stating the RIU would not be seeking costs in regard to the hearing. Mr Stratford stated that he would leave the decision of costs up to the Committee. After deliberation on the matter of costs the Committee decided that there would be no order for costs.

hearing_type: Non-race day

Rules: 869(2)(a)

Informant: Mr N M Ydgren - Stipendiary Steward

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Respondent: Mr M J Stratford - Advanced Amateur Driver

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