Non Raceday Inquiry RIU v PM Hunter 29 December 2015 – Decision dated 29 December 2015 – Chair, Prof G Hall

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hearing_title: Non Raceday Inquiry RIU v PM Hunter 29 December 2015 - Decision dated 29 December 2015 - Chair, Prof G Hall

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BEFORE A JUDICIAL COMMITTEE OF
THE JUDICIAL CONTROL AUTHORITY
UNDER THE RACING ACT 2003
AND IN THE MATTER of the New Zealand Rules of Harness Racing

BETWEEN RACING INTEGRITY UNIT (RIU)

Informant

AND PETER HUNTER, Open Horseman
Respondent

Information: A1446

Judicial Committee: Prof G Hall, Chairman  Mr N Skelt, Committee Member

Appearing: Mr C Allison, for the Informant - The Respondent in person

Date of hearing: 29 December 2015
_____________________________________________________________________
DECISION OF JUDICIAL COMMITTEE
_____________________________________________________________________
[1] The respondent, Mr P Hunter, is the holder of an Open Horseman’s licence under the Rules of Harness Racing.

[2] Mr Hunter has admitted a charge under r 869(2)(a) that he used his whip excessively over the final 300 metres of race 7 at the Forbury Park meeting on 16 December last when driving out JUSTASIP.

[3] This rule provides: “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner.”

[4] Mr Allison produced written authorisation from Mr M Godber, the General Manager of the RIU, pursuant to r 1108(2), dated 22 December 2015, giving permission to file an information alleging a breach of the NZ Rules of Harness Racing under r 869(2)(a).

[5] Mr Allison demonstrated on the video that the respondent, who was driving JUSTASIP, which finished 4th, struck the horse with his whip 22 times after straightening for the run home.

[6] Mr Allison agreed with the Committee that the horse was given very little respite. Most of the strikes, he said, were not forceful but they were rapid and there were a couple of backhanders.

[7] Mr Hunter agreed with Mr Allison’s count and said he should have just stopped for a moment and he would have been okay. He added he was just “over eager” as this was the horse’s 1st cheque in 15 starts. The horse had “stuck on good enough” and was responding to his urgings.

[8] As the respondent has admitted the breach, we find it proved.

Penalty

[9] Mr Allison produced the respondent’s record, which was clear for this and last season under any rule. Mr Hunter has had 150 drives in this time.

[10] Mr Allison described the breach as low range. He agreed with Mr Hunter that had he paused just the once he would have not fallen foul of the rule.

[11] Mr Hunter emphasised he had admitted the breach at the first opportunity and that he had not breached this rule for a number of seasons. A search of his record evidenced it was 5 seasons ago.

[12] We agree with Mr Allison that this particular breach is at the bottom end of the range. The rapidity of the strikes has resulted in the respondent being in breach of the rules. One pause would have kept him within the rule.

[13] The Penalty Guide recommends a starting point of $500.

[14] When consideration is given to the low-end nature of the breach, the respondent’s ready admission of it, and his excellent record over a number of seasons, we believe a fine of $250 is sufficient to hold Mr Hunter accountable.

[15] Mr Hunter is fined the sum of $250 and reminded of his professional obligations.

[16] The RIU do not seek costs.

[17] As the matter was heard on raceday we do not order costs to the JCA.

Dated at Winton this 29th day of December 2015.

 Geoff Hall, Chairman
 

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