NZ Metro TC – 31 August 2010 – R 2

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hearing_racingtype: harness-racing

startdate: 31/08/2010

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hearing_title: NZ Metro TC - 31 August 2010 - R 2

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  N M Ydgren, Stipendiary Steward

Defendant:  G D Smith, Licensed Open Driver

Information No:  69267

Meeting:  New Zealand Metropolitan Trotting Club

Date:  31 August 2010

Venue:  Addington Raceway

Race:  2

Rule No:  869 (2) (a)

Judicial Committee:  R G McKenzie, Chairman – J M Phelan, Committee Member

Plea:  Not Admitted

FACTS:

Following the running of Race 2, “The Pres” at Wai Eyre Farm Handicap Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr G D Smith, alleging a breach of Rule 869 (2) (a) in that Mr Smith, as the driver of GOLLAND, “used his whip unnecessarily and excessively on GOLLAND from the 800 metres mark when this horse is clearly beaten”.

Mr Smith was present at the hearing of the information and indicated that he 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.

SUBMISSIONS:

Mr Ydgren said that the Stewards were alleging that Mr Smith, driving GOLLAND, had used his whip approximately 17 times from before the 800 metres to the 600 metres. He submitted that that was excessive, regardless of the stage of the race.

Mrs K R Williams, Stipendiary Steward, showed video replays of the relevant part of the race. She submitted that the horse had made no ground whatsoever while being driven with the whip and was never going to run into a dividend or stakes-bearing placing. Mr Smith’s actions could not be condoned, Mrs Williams said. GOLLAND finished in 7^th placing, over 28 lengths from the winner.

Mr Ydgren referred to the guidelines. Mr Smith had used his whip with no respite as required under the guidelines, he submitted.

Mr Smith said that the horse had been travelling well until another runner in front had galloped at about the 900 metres. GOLLAND “dropped the bit and lost interest” when he had gone around the breaking horse. He then drove the horse to get up on the backs of the runners in front with the idea that the horse would “get going again”. He gave up and eased the horse down when he realised that it was not going to catch the field – this explained the large margin, he said. When he started to use the whip, the horse was not a beaten runner. He had used the whip over a distance of 400-500 metres and the horse had made ground on the tailenders, Mr Smith submitted. Mr Smith accepted that the allegation of the Stewards that he had used the whip approximately 17 times was correct. He had been trying to get the best out of the horse. He also submitted that his use of the whip was over a distance of 500 metres and was not continuous as he had used alternative methods to urge the horse. He had desisted when the horse was clearly beaten, he said.

REASONS:

Mr Smith was charged with using his whip in an unnecessary manner and, in addition, he had been charged with using it excessively. As far as the charge of unnecessary use is concerned, the Committee was not satisfied that Mr Smith’s actions amounted to unnecessary use on this occasion. Mr Smith submitted to the Committee that GOLLAND was not an obviously runner. Usually, a charge of unnecessary use is found proved where the whip has been used on an obviously beaten runner. However, the Committee accepted Mr Smith’s submission in that regard. In particular, the Committee noted that Mr Smith did cease using his whip prior to the home turn when the horse was, at that point, an obviously beaten runner.

Mr Smith has, by his own admission, used the whip on approximately 17 occasions between the 800 metres and the 300 metres. The test of whether the whip is used excessively is, simply, whether it has been used too much. That is what the guidelines state. Each case needs to be determined on its own particular facts. In this case, it is the Committee’s view that to use the whip on 17 occasions at that stage of the race is excessive. Mr Smith’s explanation for his actions does not amount, in the Committee’s view, to a defence to the charge of excessive use of the whip.

DECISION:

The charge under Rule 862 (2) (a) of excessive use of the whip was found proved. The charge of unnecessary use of the whip was dismissed.

SUBMISSION(S) ON PENALTY:

Mr Ydgren referred to the penalty guide which recommended a starting point of a fine of $250 or a suspension of 1 week. Mr Ydgren pointed out that the Committee had dismissed the charge of unnecessary use. Mr Smith had been fined $200 on 18 May 2010 for excessive use of the whip. Mr Ydgren said that he rated the breach as low to mid on a scale of seriousness. He submitted that a fine of $250 was appropriate.

Mr Smith pointed out that the stake for the race was $3,000 and submitted that this should be reflected in a lower fine.  

REASONS:

In determining penalty, the Committee took into account that Mr Smith had successfully defended the charge of unnecessary use. It also agreed with Mr Ydgren that the excessive use charge was no worse than low to mid on a scale of seriousness. The Committee also had regard to Mr Smith’s breach of the Rule in May of this year. It also considered that there was some merit in Mr Smith’s submission as to the stake of the race. Weighing all factors, the Committee was of the view that a fine of $200 was appropriate.

PENALTY:

Mr Smith was fined the sum of $200.

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hearing_type: Old Hearing

Rules: 869(2)(a)

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race_title: R 2

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meetdate: 31/08/2010

meet_title: NZ Metro TC - 31 August 2010

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name: NZ Metro TC