NZ Metro TC – 26 May 2009 –

hearingid: 19694c470984f5792772951cceceadbf

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hearing_racingtype: harness-racing

startdate: 26/05/2009

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hearing_title: NZ Metro TC - 26 May 2009 -

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Following the running of Race 9, Peninsula Resort Mooloolaba Amateur Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Amateur Driver, Mr M J Stratford, alleging a breach of Rule 869 (2) (a) in that Mr Stratford, as the driver of MULLINGAR MAC in the race, “used his whip excessively in the run home”.

Following the running of Race 9, Peninsula Resort Mooloolaba Amateur Mobile Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Amateur Driver, Mr M J Stratford, alleging a breach of Rule 869 (2) (a) in that Mr Stratford, as the driver of MULLINGAR MAC in the race, “used his whip excessively in the run home”.

Mr Stratford was present at the hearing of the information and did not admit 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 Ydgren said that the Stewards were alleging that, in the final stages of Race 9, Mr Stratford driving MULLINGAR MAC used his whip excessively – approximately 21 times on either the horse, harness or sulky.

Mrs K R Williams, Stipendiary Steward, showed a video replay of the final 200-300 metres of the Race. Over the final 100 metres, the use of the whip was “virtually continuous” with Mr Stratford not using any of the alternative actions as per the guidelines. He finally stopped driving the horse near the line when he realised that he was going to be beaten by the first two runners. MULLINGAR MAC finished in 3rd placing. To use the whip 21 times was “too many”, Mrs Williams alleged. 

Mr Ydgren referred to the guidelines issued by the Stipendiary Stewards relating to use of the whip. Mr Stratford acknowledged that he was familiar with the guidelines.

Mr Stratford stated that he had been questioned by the Stipendiary Stewards after his drive on the same horse on 19 May last when it was suggested he could have driven the horse better. His instructions were to “drop back and have one run at them”. He said that he pulled the earplugs at the top of the straight. He submitted that the first six or so strikes were acceptable and then, at the 150 metres, he could see he was moving up. He was aware that MULLINGAR MAC was the favourite and, rather than risk being questioned again, he decided to urge the horse right to the line.  He acknowledged that, at one point, his use of the whip was continuous but he submitted he was not hitting the horse hard and there were no marks on the horse. He submitted he used “light taps’ and that there were no “decent whacks”. At the 50 metres, the horse had come to the end of its run and he stopped using the whip – the last 2 or 3 were only a wave of the whip. On that basis, he admitted using the whip 18 times. In the Race, the horse was “a bit lazy” and he was anxious to get up and try to win the Race, Mr Stratford said.

Following a deliberation, the Committee delivered the following oral decision:
“We have listened to the evidence of both parties and we have carefully viewed the video replays of the final stages of Race 9.
The Stipendiary Stewards alleged that Mr Stratford had used his whip 21 times and that the use of the whip was continuous with no pauses or alternative actions and, in the circumstances, it was submitted that 21 was too many.
Mr Stratford only disputed the last three actions – he admitted to at least 18 of the actions and submitted that they were not hard strikes and, furthermore, that the horse was not marked. Referring to the guidelines, we find that 21 times was too much, that the use of the whip was continuous without discernible pauses or alternative actions. Mr Stratford submitted that the horse was not marked but, he will be aware, the guidelines specifically state that it is not necessary for a horse to be marked for a charge to be brought under the excessive use of the whip Rule.
Accordingly, we are satisfied that Mr Stratford used his whip excessively and we find the charge proved”.

In relation to penalty, Mr Ydgren recommended a 2 days’ suspension of his amateur licence until after 23 June – there were races for amateur drivers on 9 June and 23 June.

Mr Stratford submitted that he had “partially admitted” that he had done wrong. It was his first offence in a totalisator race. He said that he was aware that the usual penalty for excessive use of the whip is a $200 fine. A 2 days’ suspension would be “extravagant” for a first offence, he submitted, and urged the Committee to consider a fine. He submitted that amateur drivers should be treated the same as professional drivers. Mr Stratford made reference to the fine of $250 imposed on an amateur driver at the Kumeu meeting on 5 May 2009 for excessive use of the whip. He also pointed out that, as an amateur, he did not receive a driving fee for his drive.

In determining penalty, the Committee was not satisfied that a term of suspension was appropriate but considered that the breach could adequately be dealt with by way of a fine. It is rare for a suspension to be given for a first offence under the Rule and the circumstances of the present case did not call for a suspension in the Committee’s view. The Committee took some guidance from the fine of $250 imposed on another amateur driver by the Judicial Committee at Kumeu on 5 May 2009 for excessive use of the whip. A similar penalty is an adequate and appropriate penalty in all of the circumstances of the present case.  

Mr Stratford was fined the sum of $250.

R G McKenzie
CHAIR
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hearing_type: Old Hearing

Rules: 869.2.a

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