NZ Metro TC – 30 June 2009 –

hearingid: 2c62676c1279b8898907dee9e5685469

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hearing_racingtype: harness-racing

startdate: 30/06/2009

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decisiondate: no date provided

hearing_title: NZ Metro TC - 30 June 2009 -

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Decision:

Following the running of Race 9, the Amateur Drivers Supporting Harness Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Amateur Driver Mr P. Yesberg alleging a breach of Rule 869(2)(a) in that Mr Yesberg had used his whip excessively. 

Following the running of Race 9, the Amateur Drivers Supporting Harness Mobile Pace, an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Amateur Driver Mr P. Yesberg alleging a breach of Rule 869(2)(a) in that Mr Yesberg had used his whip excessively.  The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that Mr Yesberg used his whip excessively throughout the running whilst driving Sunnivue Piper.”

Rule 869(2)(a) reads as follows.

“(2) No horseman shall during any race:-
       (a) use his whip in an unnecessary, excessive or improper manner.”

Mr Yesberg had indicated on the information that he did not admit the
breach of this rule and he confirmed this at the hearing. Mr Yesberg also agreed that he understood the charge, the Rule it was brought under, and the “Use of the Whip” guidelines.

Stipendiary Steward Mr McIntyre gave evidence and used video coverage to show that with about 1200 metres to run Mr Yesberg had moved his horse three wide and drove it vigorously with the reins until reaching the 800 metre mark.  “Sunnivue Piper” made little or no ground during this part of the race.

From about the 800 metre mark Mr Yesberg commenced to use his whip, and did so on about 27 occasions before stopping with about 150 metres to run.  During this time “Sunnivue Piper” was three wide, and again made little or no ground.  “Sunnivue Piper” finished in 9th place 23 lengths from the winner.

Mr Yesberg gave evidence that he had instructions from the trainer (Mr J. Stables) that “Sunnivue Piper” was a “bone lazy” horse and that as soon as they slackened off he was to get out and get moving three wide. 

Mr Yesberg also said that the trainer had told him (and we quote) - “You will feel like he is plugging but just keep getting up him and getting up him otherwise you will get nowhere, so in my mind I was following the trainers instructions to the T”.  Mr Yesberg denied that he had used his whip excessively.

After hearing the evidence Mr Yesberg was again asked if he was familiar with the “Use of the Whip” guidelines, and the relevant parts of these were read to him.

We then adjourned to consider our decision.  After listening to the evidence we were doubtful that Mr Yesberg had an understanding of the “Use of the Whip” guidelines.  For this reason, so far as they relate to “excessive” use of the whip, we set them out in full.

"Excessive use of the whip simply means “too much” and relates to the number of times and/or the force with which the whip is used.
 Applies whether striking the horse, harness or sulky.
A horse does not need to be marked for an excessive charge to be preferred.

Subject to the provisions of Rule 869(2) no horseman shall use the whip continuously at any time during a race and there must be distinct pauses between the whip being used or the use of the whip shall be interrupted by alternative acceptable actions.

These actions include:-
- Running the rein(s) over the horse’s rump
- Touching or holding the whip on the top of the horse’s tail or rump
- Running the whip through the horses tail.”

We were satisfied that using the whip on a horse on 27 occasions over a distance of about 650 metres is clearly “too much” and in breach of the guidelines and Rule 869(2)(a).  The use was also continuous and there were no distinct pauses, and nor were there any other acceptable actions interrupting such use. 

One matter did concern us.  Part of Mr Yesberg’s justification for the way he used his whip was the trainer’s driving instructions.  We did not have the benefit of hearing from Mr Stables, and no matter what his instructions were, they do not justify using the whip excessively.  If Mr Stables was instructing Mr Yesberg to ignore the “Use of the Whip” guidelines, then he was remiss.

We were satisfied that the charge had been proved.

On returning to the Enquiry Room we advised the parties that a full written decision with reasons would be prepared later, and we gave the following oral decision.

“Having seen the video coverage, and having heard the evidence we are satisfied that Mr Yesberg used his whip in an excessive manner, and clearly in breach of the Rule and the guidelines.  We find the charge proved.”

Penalty:
 
In relation to penalty Mr McIntyre advised that Mr Yesberg had no previous relevant convictions, and recommended a fine of $250-00.  Mr Yesberg had no relevant submissions to make regarding penalty.

We were satisfied that a fine of $250-00 was appropriate in this case, and Mr Yesberg was therefore fined the sum of $250-00.

J.  M. Phelan
CHAIR
67756

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hearing_type: Old Hearing

Rules: 869.2.a, 869.2

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