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Non Raceday Inquiry RIU v C J Markham - Penalty Decision and Reasons dated 5 May 2019 - Chair, Mr R McKenzie

Created on 10 May 2019

BEFORE A JUDICIAL COMMITTEE

HELD AT CHRISTCHURCH

IN THE MATTER of the New Zealand Rules of Harness Racing

IN THE MATTER of Information No. A11209

BETWEEN C M TIBBS, Stipendiary Steward for the Racing Integrity Unit

Informant

AND CARL JACK MARKHAM, of Methven, Licensed Open Driver

Respondent

Date of Hearing: 5 May 2019

Venue: Rangiora Raceway, Rangiora

Judicial Committee: R G McKenzie (Chair)

O K Jarvis

Date of Decision: 5 May 2019

PENALTY DECISION OF JUDICIAL COMMITTEE AND REASONS

The Charge

[1] Information No. A11209 alleges that the Respondent, Licensed Open Driver, Mr C J Markham, committed a breach of Rule 869 (2) and the Use of the Whip Regulation in that, on the 7th April 2019, at the meeting of Rangiora Harness Racing Club, being the driver of JAFA KITTEN in Race 3, Ashley Mobile Pace, he used his whip “on more occasions than allowed under the Use of the Whip Regulation in the last 400 metres of the race”.

[2] Mrs Tibbs produced a letter dated 30th April 2019 from Mr M R Godber, General Manager of the Racing Integrity Unit pursuant to Rule 1108 (2) authorising the lodging of the information. The information was served on Mr Markham at the meeting of Rangiora Harness Racing Club on 5th May 2019 and was heard at that meeting. Mr Markham had signed the Statement by the Respondent on the information form indicating that he admitted the breach, and he had further indicated that he did not wish to be present at the hearing of the information.

The Rule

[3] Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.

The Use of the Whip Regulation provides as follows:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Facts

[4] Mrs Tibbs showed video replays of the final 400 metres of the race. She pointed out Mr Markham, driving JAFA KITTEN, in the lead as the field turned into the final straight. Mr Markham activated the removeable deafeners and then flicked the horse with the reins. Shortly thereafter, he commenced using his whip and, from that point, he used his whip in a striking motion thirteen times. Mrs Tibbs said that Mr Markham had viewed the videos and accepted the alleged count of thirteen.

Penalty Submissions

[5] Mrs Tibbs informed the Committee that Mr Markham has had 13 drives to date this season. He has a clear record under the Rule in the past 12 months. She sought a fine in terms of the “sliding scale” under the terms of the Use of the Whip Regulations.

Penalty Reasons

[6] The “sliding scale” for a first offence breach of the Rule, as set out in the Regulation, prescribes a fine of $200 for a breach involving 11-13 strikes. The number in this case is 13, which was accepted by Markham, we were told. There were no aggravating factors or relevant mitigating factors.

Penalty

[7] Mr Markham is fined the sum of $200.00

R G McKenzie                  O K Jarvis
Chair                               Panellist

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