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08 Mar 2019
Auckland-Tc - R7

Auckland TC 8 March 2019 – R 5 - Chair, Mr G Jones

Created on 15 March 2019

Committee:
GJones (chair)
ADooley
Name(s):
Mr S Reid - Open Horseman
Informant
Mr N Ydgren - Chief Stipendiary Steward
Information Number
A10727
Plea:
Admitted
Charge:
Contravention of the use of the whip regulations
Evidence:

Following the running of Race 5, the Auckland Co-op Taxis City of Auckland Mobile Pace 2200, an Information was filed by Chief Stipendiary Steward Mr N Ydgren alleging Licensed Open Horseman, Mr S Reid, breached Rule 869(2)(a) in that he used his whip during the concluding 400 metres, outside the whip regulations when driving STAR GALLERIA.

Rule 869(2)(a) provides that:

(2) No horseman shall during any race:-

(a) Use his whip in an unnecessary, excessive or improper manner.

The Use of the Whip Guidelines (as of 30 November 2017) provides that:

-The whip shall not be used more than 10 times in the last 400m of a race, this is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.

Mr Reid admitted the breach and advised that he did not wish to be present at the hearing. He endorsed the information accordingly.

Chief Stipendiary Steward Mr Ydgren used available video footage to demonstrate the breach. He showed that over the concluding stages of the race STAR GALLERIA (Mr S Reid) led the field into the home straight. He said that from the straight entrance to the winning post Mr Reid used his whip 11 times.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Ydgren produced Mr Reid’s driving record which showed no previous breaches of this rule in the past 6 months. He stated that this must be tempered by the fact that Mr Reid has only had 14 drives during the past 12 months. He submitted that the JCA Penalty Guide provided a $200 fine for a first offence of between 11 to 13 strikes. He added that this breach occurred in a Major Race carrying a stake of $50,000 and on that basis there should be an uplift in penalty. He proposed a fine in the vicinity of $350 to $400.

Given that Mr Reid elected not to attend the hearing no submissions were lodged on his behalf in terms of the breach itself or any proposed penalty.

Reasons For Penalty:

The JCA Penalty Guidelines for a 1st breach of the Whip Regulations establish starting points, on a graduated scale. These are based on the number of strikes as follows:

11 - 13 strikes $200
14 - 16 strikes $300
17 - strikes and over $500

The Committee has reviewed the video footage of the final stages of the race. It is evidently clear that Mr Reid used his whip 11 times. The Committee noted that the strikes were not particularly forceful. The aggravating factor is that this breach occurred in a Major Race and STAR GALLERIA finished in 3rd place. We concur with the Stewards' submission that there should be a penalty uplift in recognition of the status of the race. 

Penalty:

The Committee imposes a fine of $350 on Mr Reid. 

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