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startdate: 09/05/2010

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hearing_title: Rangiora HRC - 9 May 2010 - R 3

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  S P Renault - Stipendiary Steward

Defendant:  C F Middleton - Licensed Open Driver

Information No:  68845

Meeting:  Rangiora Harness Racing Club

Date:  9 May 2010

Venue:  Rangiora Raceway

Race:  3

Rule No:  869 (2) (a)

Judicial Committee:  R G McKenzie, Chairman – S C Ching, Panelist

Plea:  Not Admitted

FACTS:

Following the running of Race 3, Alzheimers (Canterbury) Handicap Trot, Information No. 68845 was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Driver, Mr C F Middleton, alleging a breach of Rule 869 (2) (a) in that Mr Middleton, as the driver of ARUBA in the Race, “used his whip excessively in the run home”.,

Mr Middleton was present at the hearing of the information and he 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:

Mrs Williams said that it was apparent from the video replay that Mr Middleton appeared to use his whip approximately 20 times. Mrs Williams stated that although Mr Middleton was holding the reins while using the whip this was not a defence to the charge. 20 times was excessive, Mrs Williams alleged.

She used video replays and pointed out ARUBA racing outside the leader turning into the home straight. She alleged that, from that point, the use of the right arm (in which he held the whip) by Mr Middleton was higher and more forceful than the left and while that arm went down, so did the whip. There was force used with the whip and rein.

Mr Middleton said that he was prepared to agree to the number of times his arm went up and down. However, on bringing down his arm, he used the whip on some occasions (8 or 10) and, on others, he was only slapping with the reins. He said that it could not be seen very well on the video replays. He alleged that it was his style of driving and he referred to his drive in a later race. 

REASONS:

Mrs Williams alleged that Mr Middleton used his whip on approximately 20 occasions and she showed video replays to support her allegation.

Mr Middleton, in response, said that at all times he had the reins in his hands and that, on all but 8 or 10 occasions, he used the reins and not the whip.

Whilst it was difficult to prove or disprove that assertion from the videos that were shown to us, it did appear from Mr Middleton’s actions that the whip was being used in that it was being brought down, with some force, on each occasion that Mr Middleton used the reins. The Committee had to form its own conclusion. It was not satisfied that Mr Middleton was not “using” his whip on those occasions.

The Rule is one of perception – it is often said that if it looks bad, it is bad. Mr Middleton’s actions, on this occasion, did not look good.

The guidelines state that excessive use of the whip simply means “too much” and the allegation, in this case, is that 20 times is too much. The Committee agreed.

DECISION:

The charge was found proved.

SUBMISSIONS ON PENALTY:

Mrs Williams informed the Committee that Mr Middleton had no recent breaches of the Rule and she recommended fine of $250.

Mr Middleton submitted that a fine of $250 was “outrageous”. He said that he preferred a fine to a suspension.

REASONS:

The Committee noted that the recommended penalty in the Penalty Guide for a breach of the Rule is a fine of $250 or a suspension for 1 week. If a defendant admits the breach, a discount of $50 is usually given. Mr Middleton was not entitled to such a discount in this instance. Furthermore, the Committee was aware that a fine of $250 is the usual penalty for a breach of the Rule where the charge is not admitted but where the Defendant has a good record. The Committee was satisfied that a fine of $250 was the appropriate penalty. 

PENALTY:

Mr Middleton was fined the sum of $250.

R G McKenzie            S C Ching

CHAIR                       Committee Member

68845

sumissionsforpenalty:

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hearing_type: Old Hearing

Rules: 869 (2) (a)

Informant:

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StipendSteward:

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race_title: R 3

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