Rangiora HRC – 20 August 2006 – Race 6

hearingid: c3bb230c75b8399f2ef1fec86501c1ea

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 20/08/2006

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Rangiora HRC - 20 August 2006 - Race 6

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Following the running of Race 6, David & Catherine Butt ? 2005/2006 Season Trainers Premiership Winner Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Driver, Mr M P Edmonds, alleging that Mr Edmonds, as the driver of JUDYS A FLYIN in the Race, used the whip excessively in the run home.

Following the running of Race 6, David & Catherine Butt ? 2005/2006 Season Trainers Premiership Winner Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Driver, Mr M P Edmonds, alleging that Mr Edmonds, as the driver of JUDYS A FLYIN in the Race, used the whip excessively in the run home.

Mr Edmonds was present at the hearing of the information and did not admit the breach.

Mrs Williams said it was alleged that Mr Edmonds had used the whip excessively in the run home ? he had used the whip, be it on the sulky, the shaft or the horses's rump approximately 26 times.

Mr Ydgren, Stipendiary Steward, showed video replays of the final 200-300 metres of the race. He pointed out Mr Edmonds in the lead on JUDYS A FLYIN. Mrs Williams said the first 4-5 were only "little taps" but the concern was the "combined use of the whip" all the way down the straight, especially the last 100 metres where it was continuous. There was no use of alternative actions. Mrs Williams submitted that Mr Edmonds was aware of the Rule and the guidelines issued by the Stipendiary Stewards regarding use of the whip.

Mr Edmonds stated that half of the strikes were on the mud sheet and half were on the shaft. He said that he had checked the mare after the race and there were three marks on its rump. The mare had only been hit three times with the whip. There was no element of cruelty and he was only keeping the mare going to the line. At the request of the Committee, Mr Edmonds demonstrated this on the video replay.

Mrs Williams acknowledged that it was difficult to see from the video replay whether the horse, the sulky or the dust sheet was being hit. She submitted that it was not necessary for the Stipendiary Stewards to prove whether or not the horse was hit. The whip had been "used" 26 times in the run home and that was excessive.

Mr Edmonds confirmed, when asked by the Chairman, that he was familiar with the guidelines regarding use of the whip. He said that he was endeavouring to keep JUDYS A FLYIN going right to the line and did not want to "knock her around". He acknowledged that he was aware that the guidelines provided that the horse did not need to be struck for the use of the whip to be deemed excessive. Further, he did not dispute the number of times that it was alleged that he had used the whip.

Following a deliberation, the Committee delivered the following oral decision:

"Mr Edmonds has denied the charge of excessive use of the whip on JUDYS A FLYIN in Race 6. He did not contest the allegation that he had struck 26 times with the whip but his defence was based on his assertion that he only hit the horse on three occasions ? the other times were on the mudsheet or shaft. Mr Edmonds was asked if he was familiar with the guidelines issued by the Stipendiary Stewards relating to use of the whip and he freely acknowledged that he was. More specifically, he admitted that he was aware that the Rule applies whether striking the horse, harness or sulky and that a horse does not have to be marked for an excessive use charge to be preferred.

Having considered the evidence adduced by the Stipendiary Stewards and from our own observations of the video replays, we are satisfied that the charge of excessive use of the whip has been made out. Twenty-six strikes of the whip is excessive by any definition of the word and we have no difficulty finding the charge proved."

In relation to penalty, Mrs Williams informed the Committee that Mr Edmonds had recently been found guilty of two previous breaches of the Rule ? on 9 April 2006 he had been fined the sum of $200 and on 6 July 2006 he had been fined $400. Mrs Williams sought a suspension for 2 to 3 weeks.

Mr Edmonds declined the opportunity to make submissions in relation to penalty.

The Committee was concerned at Mr Edmonds' repeat offending ? this was his third breach of the excessive use of the whip Rule in just over 4 months. The Committee agreed with Mrs Williams that, in the light of that record, a term of suspension was appropriate as the previous two fines did not appear to have deterred Mr Edmonds from breaching that particular Rule. This was explained by the Committee to Mr Edmonds when announcing penalty.

Mr Edmonds' Open Driver's Licence was suspended up to and including Sunday 10 September 2006 ? a period of 3 weeks.

R G McKenzie

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules:

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: da11451a8b4da5db76c63634a053c614

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 6

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 36ed101b90c4156ffc8f437c81f18355

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 20/08/2006

meet_title: Rangiora HRC - 20 August 2006

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: rangiora-hrc

meet_racingtype: harness-racing

meet_chair:

meet_pm1:

meet_pm2:

name: Rangiora HRC