NZ Metro TC 29 April 2016 – R 10 (heard on 13 May 2016 at Forbury Park) – Chair, Prof G Hall

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startdate: 29/04/2016

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hearing_title: NZ Metro TC 29 April 2016 - R 10 (heard on 13 May 2016 at Forbury Park) - Chair, Prof G Hall

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Decision:

Forbury Park TC 13 May 2016

Information: A1678 - Deferred hearing from Christchurch 29 April

Rule: 869(2)(a)

Excessive use of the whip

Admitted

Informant: Mr Wallis, Stipendiary Steward

Respondent: Mr S Golding, Junior Horseman

Also present: Mr D Dunn Open Horseman, assisting Mr Golding

FACTS

Mr Wallis, Stipendiary Steward, alleged that Mr Golding used his whip in an excessive manner over the concluding stages while driving BURN OFF in race 10, the MICO PLUMBING MOBILE PACE at the New Zealand Metropolitan Trotting Club meeting at Addington on 29 April last.

After initially denying the breach, after further viewing the video with Mr Dunn, Mr Golding admitted the breach.

SUBMISSIONS

Mr Wallis demonstrated on the videos that Mr Golding used the whip some 25 times on BURN OFF as the horse rounded the final bend and in the run to the line. Some 4 strikes were while the whip hand was on the reins. He said that while the strikes were not forceful their number exceeded 20, which was the guideline number the Stipendiary Stewards used with respect to this rule.

Mr Dunn acknowledged the number of strikes was too high and that they were without pause. He said these were “soft hits” and the number was just above 20. He said the strikes were not noticeable to the general public as they involved only small arm movements by Mr Golding.

Mr Golding said he got carried away as BURN OFF was running into the race. He thought BURN OFF would be in the finish but the horse had peaked on its run in the final 50 metres. He had simply failed to realise how many times he had hit BURN OFF.

DECISION

As Mr Golding has admitted the breach, we find the breach proved.

SUBMISSIONS ON PENALTY

Mr Wallis produced the respondent’s record, which showed a previous breach of this rule on 4 March last. On that occasion he was fined $300. Mr Golding has had 1177 lifetime drives and the only earlier breach of this rule was in February 2015.

Mr Dunn emphasised that the respondent was a busy junior driver and he had a good record. Mr Wallis submitted a starting point of 3 days was appropriate.

Mr Golding expressed his preference under r 1304(1)(b)(i) to take a 7-day deferment. He emphasised he was a junior driver and that his record overall was good.

The Penalty Guide recommends a starting point of 3 to 5 days for a 2nd breach of this rule within 6 months. We view the breach as being towards the lower end of the scale and take a 3-day starting point. The strikes were too many but they were not forceful. However, there was little respite for BURN OFF. Mr Golding’s record is good when consideration is had to the fact he is a busy junior driver, although the recent breach is of concern. He receives credit for his admission of the breach.

Mr Golding asked that he be able to take a 7-day deferment. This is permitted under r 1304(1)(b)(i) and there was no objection to this from Mr Wallis.

PENALTY

Mr Golding is suspended from driving from the end of racing at the Forbury Park meeting on 19 May 2016 up to and including Oamaru on 22 May 2016. This is in effect 2 days.

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Rules: 869(2)(a)

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