NZ Metro TC 30 August 2019 – R 8 (heard on 13 September 2019 at Addington) – Chair, Mr S Ching

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startdate: 30/08/2019

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hearing_title: NZ Metro TC 30 August 2019 - R 8 (heard on 13 September 2019 at Addington) - Chair, Mr S Ching

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RACEDAY JUDICIAL COMMITTEE DECISION

Meeting: NZ Metro Trotting Club @ Addington

Date:-30 August 2019

Race: 8

Rules:-869(2) - Whip Regulation (b)

Committee:-S Ching - Chairman, O Jarvis - Panellist

Names:-J Keast - Licensed Open Horseman

Informant:-N Ydgren - Chief Stipendiary Steward

Information Number: -A10762

Plea:--Admitted

Charge: Breach of Rule 869(2)-Whip Regulation (b)

Evidence:

This adjourned charge was heard at the NZMTC meeting at Addington on 13 September 2019.

Following the running of Race 8, the Reece Plumbing Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Licensed Open Horseman, Mr J Keast, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.

Rule 869(2) reads as follows:

869 (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.

Whip Regulation (b) reads as follows;

(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.

Mr Keast had endorsed the information that the breach was admitted which he confirmed at the hearing. Mr Keast also acknowledged that he understood the charge and the rule it was brought under.

Submissions For Decision:

Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr Keast, driving JIMMY CANNON, inside the 400m and racing in the lead position as the field turned for home. Mr Ydgren showed Mr Keast draw the whip inside the 400m and use his whip in a striking manner on 13 occasions over the concluding stages which was in breach of the Whip Guideline Regulation (b).

Mr Keast elected to make no submissions in relation to the charge.

Reasons For Decision:

As Mr Keast had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:

The charge was found to be proved.

Submissions on Penalty:

Mr Ydgren stated that Mr Keast had a clear record in relation to this rule. He stated that the JCA Penalty Guide provided a $200 fine, mitigation inclusive, for a 1st offence of 11 to 13 strikes on the sliding scale. Mr Ydgren stated there were no aggravating factors to consider and submitted that a fine of $200 as per the sliding scale be imposed in this case.

Mr Keast elected to make no submissions in regard to penalty.

Reasons For Penalty:

The JCA Penalty Guide provides a $200 fine for a 1st offence of 11 to 13 strikes on the sliding scale of penalties, mitigation inclusive. This Committee determined that there were no aggravating factors to consider, warranting an uplift in penalty. We therefore determined that a $200 fine was an appropriate penalty in this case.

Penalty:

Accordingly, Mr Keast was fined the sum of $200.

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hearing_type: Old Hearing

Rules: 869(2) - Whip Regulation (b)

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