NZ Metro TC 22 July 2016 – R 1 (heard on 24 July 2016 at Rangiora) – Chair, Mr R McKenzie

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startdate: 22/07/2016

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hearing_title: NZ Metro TC 22 July 2016 - R 1 (heard on 24 July 2016 at Rangiora) - Chair, Mr R McKenzie

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr N M Ydgren - Stipendiary Steward

Respondent: Ms K L McCormick - Licensed Graduation Driver

Information No: A4332

Judicial Committee:  Mr R McKenzie, Chair - Mr S Ching, Committee Member

Charge: Excessive Use of Whip

Breach: Admitted

Also present: Mr R A Quirke - Stipendiary Steward

Evidence:

Following the running of Race 1, Granite Benchtop Company South Island Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Graduation Driver, Ms K L McCormick, alleging that, as the driver of SHAY SCOTT in the race, she used her whip “excessively in the run home”.

The information was filed on racenight and served on Ms McCormick at the meeting of Rangiora Harness Racing Club held at Rangiora Racecourse on 24 July 2016. The information was heard at that meeting.

Ms McCormick was present at the hearing of the information and she indicated that she admitted the breach.

Rule 869 provides as follows:

(2) No horseman shall during any race:-

(a) use his whip in an unnecessary, excessive or improper manner.

Mr R A Quirk, Stipendiary Steward, showed a video replay of the final 300 metres of the race. He pointed out SHAY SCOTT, driven by Ms McCormick, racing in 2nd position outside the leader as the field entered the final straight. From that point, Mr Quirk alleged, Ms McCormick used her whip on 23 occasions, and continuously. He conceded that many of the strikes were on the sulky or dust sheet rather than on the horse.

Ms McCormick said that she accepted the alleged number of strikes but said that she only hit the horse on one occasion. She acknowledged that she was aware of the Use of Whip Guidelines.

Decision

Ms McCormick having admitted the breach, the charge was found proved.

Submission for Penalty

Mr Quirk told the Committee that Ms McCormick had no previous breaches of the Rule. The breach was at the “lower end”, he submitted. He submitted that a fine in the vicinity of $300 was appropriate.

Ms McCormick said that she had only got her licence back very recently to enable her to drive this particular horse, SHAY SCOTT. She was the only person who could get on with him, she said. She said that she had let her licence lapse several years ago. Mr Ydgren, Stipendiary Steward, said that Ms McCormick has had 6 drives in the current season. Prior to that, she had one drive in 2009 and two in 2007.

Reasons for Penalty

In determining penalty, the Committee took the starting point of a $500 fine as suggested in the Penalty Guide. The Committee was impressed by Ms McCormick’s very frank admission of the breach and noted her clear record, albeit from a background of very few drives in recent times. The Committee took the view that those two factors, together with the fact that the breach was at the lower end on a scale of seriousness, warranted a discount of $200 from the starting point of $500.

Penalty

Ms McCormick was fined the sum of $300.

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hearing_type: Old Hearing

Rules: 869(2)(a)

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