Northern Southland TC 11 January 2017 – R 7 – Chair, Mr M Conway

hearingid: 2a93a5c839da37e0d8f8976483b18155

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hearing_racingtype: harness-racing

startdate: 11/01/2018

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hearing_title: Northern Southland TC 11 January 2017 - R 7 - Chair, Mr M Conway

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr L Tidmarsh - Stipendiary Steward

Respondent: Mr D Dunn – Senior Horseman

Information No: A010402

Meeting: Northern Southland Trotting Club

Date: 11 January 2018

Venue: Ascot Park

Race: 7

Rule No: 869(2) and Whip Regulations

Judicial Committee: Mr M Conway, Chairman – Mr P Knowles, Committee Member

Also Present: Mr N McIntyre – General Manager of Stewards

Plea: Admitted

Evidence:
Following the running of Race 7, the Omalas Dried Molasses Mobile Pace, an Information was filed by Stipendiary Steward, Mr Tidmarsh, alleging that Mr Dunn, the driver of LILAC FLASH, “used his whip outside the permitted guidelines over the final 400 metres – 12 strikes.”

Rule 869 provides as follows:
(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 provide:
(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.

Mr Dunn signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He had also elected the option that he did not wish to be present at the hearing of the Information.

Mr McIntyre, demonstrated on the race films that LILAC FLASH was positioned last of the 11 runners when asked to improve wide by Mr Dunn on the final bend. The respondent was responsible for 12 whip strikes over the final 400 metres. Separate to this, over the final 400 metres, Mr Dunn also ran the whip through the tail of LILAC FLASH. These whip actions are not included in the count of 12 strikes.

LILAC FLASH ran home generously to finish 2nd.

The Committee confirms that Mr Dunn used his whip in a striking motion 12 times inside the final 400 metres.

Decision:
Mr Dunn has admitted the breach and we find the breach proved.

Submissions for Penalty:
Mr Dunn had an opportunity to review the films and, according to Mr McIntyre, accepted the count as 12 whip strikes.

Mr Dunn had a clear record under the rule since the new sliding scale of penalties for excessive use of the whip was introduced on 30 November 2017.

Mr McIntyre said Mr Dunn last breached the excessive use of the whip rule on 7 July 2017 and since that time had had 496 drives. This reflected favourably on Mr Dunn.

The prescribed penalty in the Use of the Whip Regulations (b) for a first offence in the range of 11-13 strikes is a fine of $200. Mr McIntyre said Stewards felt this was an appropriate penalty, given the sliding scale of penalties for excessive use of the whip.

Reasons for Penalty:
This is Mr Dunn’s first breach of this rule since the Use of the Whip Regulations came into force on 30 November 2017.

The penalty is determined by a sliding scale. Where the number of strikes is between 11 and 13, and it is a first offence, the penalty is a $200 fine. The count for Mr Dunn is 12. His record with regard to this rule is clear. The breach is low-range.

Penalty:
Mr Dunn is fined the sum of $200.

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hearing_type: Old Hearing

Rules: 869(2) and Whip Regulations

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