Waikato BOP HI 7 September 2017 (heard 15 September 2017 at Alexandra Park) – R 4 – Chair, Mr A Godsalve

hearingid: 67e10766e3d799f1009eb6cf949a4c15

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hearing_racingtype: harness-racing

startdate: 07/09/2017

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hearing_title: Waikato BOP HI 7 September 2017 (heard 15 September 2017 at Alexandra Park) - R 4 - Chair, Mr A Godsalve

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr S Mulcay, Senior Stipendiary Steward

Respondent: Mr T Lethaby – Junior Horseman

Information No: A2628

Meeting: Waikato Bay Plenty Harness Inc

Date: 7 September 2017 (heard at Alexandra Park on 15 September 2017)

Venue: Cambridge Raceway, Cambridge

Race: 4

Rule No: 869(2)(a)

Judicial Committee: Mr A Godsalve, Chairman – Mr A Smith, Committee Member

Also Present: Mr B Mangos, Senior Horseman assisting Mr Lethaby

Plea: Admitted

The Facts:

Following the running of Race 4, the Highview Tommy Only $1500 Junior Drivers Mobile Pace, an Information was submitted by Mr Mulcay who alleged that Junior Horseman, Mr T Lethaby used his whip excessively on DOUBLE TWIST over the final stages.

Mr Lethaby was not present at the hearing. He indicated on the Information that he admitted the breach, and that he did not wish to be present (at the hearing).

As a matter of record, the raceday Judicial Committee heard some of the facts on race night and then determined that they wished Mr Lethaby to be present, assisted by a Senior Horseman.

The matter was opened and adjourned and was completed at the Auckland Harness meeting on 15 September 2017.

Rule 869(2)(a) provides: No horseman shall during any race use his whip in an unnecessary, excessive or improper manner.

Guidelines which apply to Rule 869(2)(a) state:

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. The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

This matter was completed between races at the Auckland Harness meeting on 15 September 2017. Mr Lethaby was present, along with Mr B Mangos to assist him. Mr Lethaby confirmed that he understood the Rule, that he accepted that he had struck the horse 11 times and therefore admitted the breach.

Using the available films for Mr Lethaby and Mr Mangos’ benefit, Mr Mulcay identified the horse DOUBLE TWIST as the field entered the final straight. He told the Committee that the Stewards did not have any issues with Mr Lethaby’s whip use until this point in the race. Mr Mulcay demonstrated that when the field straightened for the run home, Mr Lethaby had pulled the deafeners and using a freehand whip manner, had struck the horse 11 times with his whip until the finish. DOUBLE TWIST won the race. Mr Mulcay added that Mr Lethaby’s whip use was just outside the guidelines; however, it was still not acceptable.

Mr Mangos indicated that Mr Lethaby had admitted the breach on the basis that the breach involved 11 strikes, one over the acceptable number. He said that the strikes were not continuous. Mr Mangos added that the first two placed horses were racing closely near the finish, and that Mr Lethaby had won the race by keeping his horse's momentum going near the finish. He added that he did not believe Mr Lethaby was hitting a ‘tired’ horse.

Decision:

As Mr Lethaby has admitted the breach we found the charge proved.

Penalty submissions:

Mr Mulcay referred to the JCA Penalty Guide, stating that a second breach of this Rule in 6 months had a penalty of between a 3-5 day suspension. He stated that Mr Lethaby had been suspended at Cambridge on 13/4/17 for 3 days. His prior breach which had resulted in a fine was in January 2017. He added that he viewed the breach as being at the low end on the scale. Mr Mulcay stated that the strikes were not continuous and he considered the force used to be also at the lower end of the scale. He said that Mr Lethaby was making an effort to drive within the Rules relative to whip use, and had admitted this breach at the first opportunity.

Mr Mangos stated that a 3-day suspension was a harsh penalty for a junior driver. He said that he believed that there should be an option for a fine or a suspension. He added that if Mr Lethaby was to be suspended then such suspension could begin immediately after racing that evening.

Reasons for Penalty:

The Committee confirmed that the JCA Penalty Guide provided a starting point of a 3-5 day suspension for a second breach of this Rule within a 6 month period. Mr Lethaby had been suspended for 3 days on 13 April 2017, at Cambridge. His previous breach was on 5 January 2017, when he was fined $400. We did not take this into consideration when assessing a penalty as it is outside the 6 month period. The Committee treated the 3-day suspension referred to as a first breach.

In assessing a penalty for this breach, we took into account that Mr Lethaby was only one strike over the allowable number; that he is a junior driver, and that he had not breached the Rule for about 5 months. We accept that he is trying to moderate his whip use, however we took issue with Mr Mulcay in that we considered 4 or 5 of the final strikes were applied with some force. It was inevitable that Mr Lethaby would be suspended, and the Committee took a 4-day suspension as a starting point. The Committee were guided to some extent by the recent penalties for whip use where a second breach was involved. Driver N Williamson was suspended for 4 days (under Appeal), and S Walkinshaw also was suspended for 4 days. In both cases the number of strikes were considerably higher than in this case; and both drivers were senior horsemen. Given the matters referred to above, we determined that a 3-day suspension of Mr Lethaby’s driving licence was an appropriate penalty.

Penalty:

Mr Lethaby’s licence to drive in races was therefore suspended from after the completion of racing on 15 September, until after the completion of racing on 5 October 2017 at Cambridge a 3-day suspension. The Committee informed Mr Lethaby that any further breach within a 6 month period would attract an uplift on his 3-day penalty.

Meetings involved in this suspension are:

Auckland 22 September, and 29 September, and Cambridge on 5 October 2017.

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hearing_type: Old Hearing

Rules: 869(2)(a)

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