NZ Metro TC 12 November 2019 – R 9 (heard 15 November 2019 at Addington) – Chair, Mr D Anderson

hearingid: fc104cd04e9d88a1670b45f61d93a189

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hearing_racingtype: harness-racing

startdate: 12/11/2019

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hearing_title: NZ Metro TC 12 November 2019 - R 9 (heard 15 November 2019 at Addington) - Chair, Mr D Anderson

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Rule Number: 869(2)(h)

Charge: Contravention of the Use of Whip Regulations

Judicial Committee: D J Anderson, Chairman - R McKenzie, Panellist

Name(s): Mr J Keast – Open Driver

Mr N McIntyre – Chairman of Stewards

Informant: Mr N Ydgren –Chief Stipendiary Steward

Information Number: A12864

Venue: Addington Raceway

Plea: Admitted

Evidence:

This Information relates to the race meeting of the New Zealand Metropolitan Trotting Club on 12 November 2019 and was heard today 15 November 2019.

Following the running of Race 9 an Information was filed by Chief Stipendiary Steward Mr N Ydgren alleging a breach of Rule 869(2) (h) by Open Driver Mr J Keast. The information alleged, As the driver of ASCALABUS you drew your whip further back than the sulky seat and used it with undue force.

Mr Keast had signed the information stating he admitted the breach and confirmed to the Committee he had a good understanding of the rule he had been charged with.

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 Regulation made by the Board.

The Use of Whip Regulation (effective from 30 November 2017) provide:

(h) No horseman shall allow their whip to project outside the confines of the sulky, including making contact with the sulky wheels. The whip shall also not be drawn back further than the sulky seat and used with undue force.

Mr Ydgren used the race video to identify Mr Keast driving (4) ASCALABUS, racing 3-wide and improving at approximately the 500 metres. He pointed to Mr Keast with the whip drawn, strike his horse 10 times.

Mr Ydgren said the number was within the guidelines but the force and the action Mr Keast used was not. He said most of the strikes were from behind the sulky seat and with undue force.

Mr Keast declined to make any comment on viewing the race film.

DECISION:

As Mr Keast admitted the breach the charge was found proved.

SUBMISSIONS FOR PENALTY:

Mr Ydgren said he believed this is the first time this rule has surfaced that he could remember. He said the Committee would have to consider many factors in reaching an appropriate penalty.

He said Mr Keast accepts he has work to do on his action and admitted the breach at the first opportunity.

Mr Ydgren said in the current climate a breach of this nature was concerning and was of the opinion the offending was above mid-range.

He said the Stewards had no objection to either a fine or a suspension in this case.

Mr Keast said he would prefer a suspension rather than a fine.

REASONS FOR PENALTY:

The JCA Penalty Guide provides a starting point of a $300 fine for a breach of the rule. The Committee have considered the whip use to be unacceptable and not the image Harness Racing wishes to project.

The Committee considered a suspension in this case is appropriate.

The main aggravating factor is the force with which Mr Keast has used his whip winning the race amidst Harness Racing’s biggest exposure to the public.

The incident is without mitigation but this Committee is pleased Mr Keast has stated he is intending to address his whip use issue.

The Committee after carefully considering all the above factors impose a 5-day suspension as an appropriate penalty in this case.

PENALTY:

Accordingly, Mr Keast’s licence to drive is suspended from the close of racing on the 15 November 2019 up to and including racing on the 1 December 2019. The Meetings at Invercargill and Forbury were not included as Mr Keast stated he wouldn’t be driving there, which answered the question of deferment.

Meetings encompassing this suspension are:

23 Nov Geraldine
24 Nov Timaru
29 Nov Addington
30 Nov Oamaru
1 Dec Motukarara

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hearing_type: Old Hearing

Rules: 869(2)(h)

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