NZ Metro TC – 10 October 2008 – Race 1

hearingid: 3e92158a4541051f057a59e751ba64a5

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hearing_racingtype: harness-racing

startdate: 10/10/2008

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decisiondate: no date provided

hearing_title: NZ Metro TC - 10 October 2008 - Race 1

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Decision:

Following the running of Race 1, the Mike Stratford Property Developments Mobile Pace, an information was laid by Stipendiary Steward Mr N. M. Ydgren against Mr B. D. O’Connell, the driver of “Striking Dash” (3), alleging that he had committed a breach of Rule 869(2)(a).   The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that Mr O’Connell  used his  whip unnecessarily whilst driving “Striking Dash” over the final stages.”

Rule 869(2)(a), so far as it relates to the present charge, reads as follows.

“(2) No horseman shall during any race:-                      

            (a) use his whip in an …. unnecessary ….manner.”

Mr O’Connell had indicated on the information that he did not admit the

breach of this rule and he confirmed this at the hearing. He also agreed that he understood the charge and the Rule it was brought under.

Mr Ydgren used video coverage to show that “Striking Dash” was dropping out of the race at the top of the back straight for the final time.  Mr O’Connell was seen to use his whip on two occasions at this time, but Striking Dash” continued to drop away.  On entering the straight “Striking Dash” was a considerable distance behind the main body of the field, and it was at this stage that Mr O’Connell again struck his horse with his whip.

It was the Stipendiary Stewards’ case that the use of the whip was “unnecessary” in that “Striking Dash” was an obviously beaten runner as set out in the “Use of the Whip” guidelines.

Mr O’Connell gave evidence that he used his whip twice on the first occasion to see if his horse would “pick up again”.  When he used his whip in the straight he explained that he wanted to keep it going, as it was inclined not to try. 

 After hearing the evidence I adjourned to consider my decision. 

The “Use of the Whip” guidelines have been formulated to assist drivers to determine what is or is not “unnecessary”.  So far as they relate to this charge the guidelines provide as follows –

“Unnecessary use of the whip includes –

i)                    Striking an obviously beaten runner

ii)                  Using whip after the winning post”

While it may have been acceptable for Mr O’Connell to use his whip on the first occasion, it was clear that when he used his whip in the straight his horse was “an obviously beaten runner”.

On returning to the Enquiry Room we advised that a full written decision would be given later, and I gave the following oral decision.

”Having seen the video coverage and having heard the evidence, I am satisfied that with about 600 metres to run “Striking Dash”, driven by Mr O’Connell, dropped out of the field.  At this stage Mr O’Connell struck his horse twice and very forcibly.  Mr O’Connell said that he did this to see if his horse would “pick up again”.  It did not, and on entering the straight he was a considerable distance behind the field.  Mr O’Connell then struck his horse once more, and very forcibly.  His reason for doing this was that “Striking Dash” is inclined not to try, and he wanted to keep him going.

 The “Use of the Whip” guidelines, which Mr O’Connell says he is familiar with, provide that it is “unnecessary” use of the whip to strike an “obviously beaten runner”.  I find that the use of the whip in the straight was unnecessary and I find the charge proved.”

Penalty:

Mr Ydgren advised that Mr O’Connell had no previous relevant convictions and recommended a fine or a suspension.  After discussing the possibility of a suspension it was clear that Mr O’Connell would not be driving in the near future. 

 I was satisfied that a fine of $200-00 was appropriate in this case and accordingly Mr O’Connell was fined the sum of $200-00.

J.  M. Phelan

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hearing_type: Old Hearing

Rules: 869.2.a

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StipendSteward:

raceid: 7ecd0a862b210dda9e24cb265484e0a4

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racecancelled: 0

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race_emailed1: 0

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race_title: Race 1

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meetdate: 10/10/2008

meet_title: NZ Metro TC - 10 October 2008

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tracklocation: nz-metro-tc

meet_racingtype: harness-racing

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name: NZ Metro TC