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Non Raceday Inquiry RIU v N Rasmussen - Penalty Decision dated 31 January 2020 - Chair, Mr S Ching

Created on 04 February 2020

BEFORE A JUDICIAL COMMITTEE

IN THE MATTER of the New Zealand Rules of Harness Racing

IN THE MATTER of Information No. A12359

BETWEEN N YDGREN

Chief Stipendiary Steward for the Racing Integrity Unit

Informant

AND N RASMUSSEN Licensed Driver

Respondent

Date of Hearing: 31 January 2020

Venue: Addington Raceway

Judicial Committee: S Ching (Chair)

H Weston (Member)

Present: N Ydgren, the Informant

N Rasmussen, the Respondent

P Williams, Stipendiary Steward

Date of Decision: 31 January 2020

PENALTY DECISION OF JUDICIAL COMMITTEE

The Charge

[1] Information No A12359 alleges that:

At the North Canterbury TOA Trials meeting on 29 January 2020, Ms N Rasmussen, as the driver of DYNA BOLT, used her foot as a bar in the home straight in Race 9.

The Rules

[2] Rule 869(3)(f) reads as follows;

(3) No driver in any race shall drive:-
(f) improperly;

The Plea

[3] Ms Rasmussen had signed the Information that the breach was admitted, which she confirmed to the hearing. Ms Rasmussen also confirmed she understood the Charge and Rule it was brought under.

Facts

[4] On 29 January 2020 at the North Canterbury TOA Trials meeting at Rangiora Raceway, Open Driver, Ms N Rasmussen was the driver of DYNA BOLT in Race 9.

Informant’s Submissions

[5] Mr Ydgren with the assistance of Stipendiary Steward, Mr P Williams, gave evidence and showed video replays of the final 400m of the race.

[6] Mr Williams showed Ms Rasmussen driving DYNA BOLT, placed in the one-one position, as the field turned for home.

[7] Mr Williams, using the side on video replay, pointed out Ms Rasmussen drop her foot and use her foot as a bar by making contact with the horse’s hind leg, on several occasions in the run to the post.

Submissions of Respondent

[8] Ms Rasmussen stated that she knew it was contrary to the Rules on raceday but was unaware that it was also against the Rules for trials meetings. She explained that DYNA BOLT was lazy and green, and she was using her foot to encourage him instead of using the whip.

Decision

[9] Ms Rasmussen having admitted the breach, the charge was found proved.

Submissions of Informant on Penalty

[10] Mr Ydgren stated that Ms Rasmussen’s record was clear in regard to this Rule. He said that the JCA Penalty Guide provided a 20-drive suspension or a $1,000 fine starting point for a breach of this Rule which he said were for far more serious breaches of this rule. He stated that there were historic breaches of this Rule at trials meetings, where this rule was breached in similar circumstances. These breaches all resulted in $200 fines being imposed.

[11] Mr Ydgren submitted that a fine of $200 be considered as penalty in this case.

Respondent’s Submissions

[12] Ms Rasmussen elected to make no submissions on penalty.

Reasons for Penalty

[13] The JCA Penalty Guide provides a 20-drive suspension or a $1000 fine starting point for a breach of this Rule for generally more serious charges brought on raceday. This was a breach at a trials meeting and previous similar breaches at these meetings had consistently been dealt with by way of a $200 fine. We determined that as the circumstances of this breach were comparable and for the sake of consistency, a $200 fine was an appropriate penalty in this case.

Penalty

[14] Ms Rasmussen is fined the sum of $200.

S Ching

Chair

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