Reefton TC – 30 December 2009 – Race 2

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startdate: 30/12/2009

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hearing_title: Reefton TC - 30 December 2009 - Race 2

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RACEDAY JUDICIAL COMMITTEE DECISION  

Meeting:  Reefton Trotting Club at Reefton 

Date:   Wednesday 30 December 2009

Judicial Committee:  Chairman: PHM Welch,  Panel Member: JM Phelan   
 
Information No: 68305    Race No:  2

Rule No:          869(2)(a)   Result: Fined $250.00

Plea:   Not Admitted

Informant:      Mr SP Renault  - Stipendiary Steward

Defendant:    Mr JM Rogers  - Driver, DJ Hanover

Hearing:

Following the running of race 2, the Speights/Bank of New Zealand Pace, an Information was lodged against JM Rogers, the driver of horse no.9, DJ Hanover, alleging a breach of Rule 869(2)(a), in that he used the whip excessively from the 400metres.  

RACEDAY JUDICIAL COMMITTEE DECISION  

Meeting:  Reefton Trotting Club at Reefton 

Date:   Wednesday 30 December 2009

Judicial Committee:  Chairman: PHM Welch,  Panel Member: JM Phelan   
 
Information No: 68305    Race No:  2

Rule No:          869(2)(a)   Result: Fined $250.00

Plea:   Not Admitted

Informant:      Mr SP Renault  - Stipendiary Steward

Defendant:    Mr JM Rogers  - Driver, DJ Hanover

Hearing:

Following the running of race 2, the Speights/Bank of New Zealand Pace, an Information was lodged against JM Rogers, the driver of horse no.9, DJ Hanover, alleging a breach of Rule 869(2)(a), in that he used the whip excessively from the 400metres.  

Mr Rogers denied the breach. 

Presenting his evidence, stipendiary steward Mr Renault referred to the video of the race.   He said he was stationed at the top of the straight and he noticed driver Mr Rogers (on DJ Hanover) using his whip from the 400metre mark, when gaining the lead.   He went on to finish in 2nd placing.

Mr Renault pointed out that Mr Rogers used his whip approximately 27 times in the run home, with no clear discernible pause, and little respite.    He accepted that Mr Rogers struck the sulky 5 or 6 times at the top of the straight, but he reminded the hearing of the guidelines (for use of the whip) that don’t differentiate between horse, sulky or harness, and re-iterated that 27 times is simply too much and, therefore, excessive.  

Mr Rogers, in his response, said that the horse (DJ Hanover) ‘simply won’t go unless severely threatened and growled at’.   He said he had ‘chased’ the horse the whole way and, if he had given up, it would have gone backwards through the field.   He accepted he didn’t pause in his ‘use’ of the whip but in striking the dust sheet he was giving the horse a pause.  

In describing the manner in which the horse races, Mr Rogers said he had been driven in this way his whole career and the only time he didn’t - at Westport the first day - he ran last.   He indicated he doesn’t drive all his horses in this way.

Before the hearing concluded, Mr Renault, again referring to the guidelines, pointed out that it is no defence by claiming to be in a stake bearing place and that all drivers are bound by the rules, and Mr Rogers confirmed he was familiar with the guidelines.

Decision:

Mr JM Rogers appears on an alleged breach of Rule 869(2)(a) in that he used his whip excessively from the 400metres.  

The committee heard evidence from the stipendiary steward, and viewed the film of the race, and heard from Mr Rogers in respect to the way, in his view, that  the horse (DJ Hanover) has to be driven.

The stewards allege that there were approximately 27 strikes from the 400metre mark.   On viewing the film, we accept that there was a ‘discernible’ break in the first few strikes of the whip but, thereafter, we are satisfied that 27 strikes from the 400metres, particularly the 22 or 23 later in the straight, without respite, is excessive.        

Thus the charge is found proved, and we will accept submissions on penalty.

Penalty:

In respect to penalty, Mr Renault suggested a $250.00 fine as the recommended starting point and he submitted a penalty between that and $300.00 would be appropriate.   He indicated that Mr Rogers had not previously appeared on a breach of this nature.

Mr Rogers re-affirmed and defended his manner of driving in this particular case.   He confirmed that this was a first offence, and he considered the recommended monetary penalty was excessive.

Following an adjournment, the hearing reconvened, and the parties were reminded that an expanded decision would be made available in due course.

With the charge against Mr Rogers having been proved, we are to determine the quantum of penalty.

Mr Rogers acknowledged that he is familiar with the guidelines which, the committee reiterated, have been prepared by those in the industry for those taking part in the industry.   They have not been imposed unnecessarily on parties by the JCA or the stewards but have been compiled for the interests of all parties, and should be adhered to by those to whom they are directed.   ‘Excessive’ use simply means ‘too much’ and, regardless of a horses traits, as have been described by Mr Rogers, the continuous use of the whip, that is, use without any break, as occurred in this instance, is excessive.

We note this is Mr Rogers’ first such breach, and we take that into consideration, but remind him of his obligations, including familiarity with the rules.   We are satisfied, in this case, that a fine of $250.00 is appropriate, and so order. 

P H Welch
CHAIR
68305

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hearing_type: Old Hearing

Rules: 869.2.a

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