Wellington RC – 11 November 2006 –

hearingid: bca83508c91dc21f4291700129290674

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hearing_racingtype: thoroughbred-racing

startdate: 11/11/2006

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hearing_title: Wellington RC - 11 November 2006 -

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Following the running of race 9, the Up and Running 2200, B Fletcher the rider of CHARANI was charged with breaching the provisions of Rule 530 (2) (b).

It was alleged that Mr Fletcher used his whip in an improper manner in the final straight, in that he hit his mount in the vicinity of the head on two occasions.

Mr Fletcher admitted the breach and confirmed to the committee that he wished to have the matter determined on the day.

Prior to presenting his penalty submissions Mr George demonstrated the breach by way of the films of the race. These showed Mr Fletcher, when riding CHARANI out in the home straight, change his action and strike it in the vicinity of the head on two separate occasions.

Mr Fletcher declined to make any comments on the films.

PENALTY.

When making his submissions Mr George presented Mr Fletchers record which showed three previous breaches of the improper use rule, these occurring back in 1989 and 1990. Mr George also noted that Mr Fletcher had not ridden from 1999 until his return to riding approximately four months ago. This was however Mr Fletcher's fourth offence of this kind.

Mr Fletcher commented on this, stating that the past breaches of this rule (or its equivalent under the old rules) related to him accidentally striking other horses rather than his own.

When addressing penalty Mr George contended that Mr Fletcher's actions had been very deliberate, when he had hit his mount twice in the vicinity of its head with the whip, and as such this was clearly an improper use. He further submitted that this was a cruel act and well outside the provisions of the rule, and believed that this breach was a very serious one.

Mr George submitted that accordingly the matter should be dealt with by way of a suspension.

Mr Fletcher, when asked, declined to make any submissions on penalty.

After considering the submissions of the informant and also having the incident demonstrated to us we concur with Mr George, that the matter is to be considered a serious one.

The riding complained of is unacceptable and indeed improper, as Mr Fletcher has deliberately elected to twice, change from hitting behind the saddle to striking his horse in the vicinity of its head.

This committee views these actions as completely unacceptable and therefore the penalty imposed must reflect our serious concerns. We find therefore that the matter must be dealt with by way of a term of suspension.

We find that the starting point for the suspension should be one of four weeks to which we have then applied the aggravating and mitigating factors.

With regard to the quantum to be imposed, we have firstly considered Mr Fletchers record which demonstrates three previous breaches of improper riding rule, and although these breaches were some time ago they nevertheless must be regarded.

We have also taken into account Mr Fletchers early admission of the breach and some weight has been placed on this.

However, Mr Fletcher has made a very deliberate decision to strike CHARANI in the vicinity of its head on two occasions, both some distance apart and this is of real concern to us. Accordingly the term of suspension imposed must reflect our disapproval of such actions.

Therefore we find, after considering all that has been presented to us, that Mr Fletcher be suspended from the conclusion of racing today up to including racing on Saturday 2^nd December 2006.   

RLH Neal,

Chairman.

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hearing_type: Old Hearing

Rules: 530.2.b

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