NZ Metro TC 2 March 2018 – R 6 (heard 4 March 2018 at Addington) Chair, Mr R G McKenzie

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startdate: 02/03/2018

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hearing_title: NZ Metro TC 2 March 2018 - R 6 (heard 4 March 2018 at Addington) Chair, Mr R G McKenzie

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: S P Renault, Stipendiary Steward

Defendant: D J Keast, Licensed Junior Driver

Information No: A10168

Meeting: New Zealand Metropolitan Trotting Club

Date: 2 March 2018 (heard 4 March 2018 at Addington)

Venue: Addington Raceway, Christchurch

Race: 6

Rule No: 869 (2)

Judicial Committee: R G McKenzie, Chairman / H M Weston, Committee Member

Charge: Excessive use of the whip

Plea: Admitted

FACTS:

Following the running of Race 6, Kim & Hamish’s 50th Birthday Celebration (Junior Driver) Handicap Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Horseman, Mr D J Keast, alleging that, as the driver of ALL ABOUT HENRY in the race, he “used his whip in an excessive manner from the 400 metres”.

The information was filed with the Judicial Committee on racenight, was served on Mr Keast at the meeting of Cheviot Trotting Club held at Addington Raceway on 4 March 2018, and heard at that meeting.

Mr Keast had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he further indicated that he did not wish to be present at the hearing. The Committee was satisfied that Mr Keast, a Junior Driver, had received assistance from Licensed Open Horseman, Mr J W Cox, prior to electing to admit the breach.

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 Whip Regulations (effective from 30 November 2017) 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.

SUBMISSIONS:

Mr Renault showed to the hearing video replays of the final 400 metres of the race. He pointed out Mr Keast, driving ALL ABOUT HENRY, racing in 2nd position outside the leader as the field entered the final straight. Upon entering the home straight, Mr Renault alleged, Mr Keast used his whip on 16 occasions to the finishing line.

Mr Keast used his whip twice and then on a couple of occasions in a flicking motion or “taps” which did not count as strikes, Mr Renault said. There followed a number of backhanders and a few more flicks through the horse’s tail. Over the closing stages, Mr Keast used his whip in a forehand manner on a further 8 occasions – 16 strikes in total. ALL ABOUT HENRY had finished in 2nd placing in the race.

Mr Renault confirmed that Mr Keast had accepted the alleged count of 16 strikes.

DECISION:

Mr Keast having admitted the breach, the charge was found proved.

PENALTY SUBMISSIONS:

Mr Renault informed the Committee that Mr Keast has had 61 drives to date this season and, last season, had a total of 89 drives. He has a clear record.

Mr Renault referred to the Penalty Guide for breaches of the rule as set out in the Use of the Whip Regulations. The sliding scale for a “1st offence” provided a starting point for penalty, where the number of strikes was in the 14-16 range, of a fine of $300.

He submitted that a fine of that amount was an appropriate penalty in this case.

REASONS FOR PENALTY:

In determining penalty, the Committee had regard to the sliding scale of penalties as set out in the Use of the Whip Regulations. The prescribed penalty for a first breach, as this breach is, involving a number of strikes in the range of 14-16 is a fine of $300. There were no aggravating factors in this case, in the view of the Committee, and no mitigating factors warranting a discount.

PENALTY:

Mr Keast is fined the sum of $300.

R G McKenzie            H M Weston

CHAIRMAN                COMMITTEE MEMBER

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hearing_type: Old Hearing

Rules: 869(2)

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