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Non Raceday Inquiry RIU v M Anderson - Decision dated 31 December 2019 - Chair, Mr P Knowles -

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869(2) and Use of Whip Regulations

NON RACEDAY INQUIRY

Name: Mr M Anderson - Licensed Open Driver

Informant: Mr V Munro – Stipendiary Steward

Information No: A12358

Meeting: Banks Peninsula Trotting Club

Race No: 10

Date: 29 December 2019 (heard at Winton on 31 December 2019)

Judicial Committee: Mr P Knowles (Chairman), Mr M Conway (Committee Member)

Rule No: 869(2) and Use of the Whip Regulations

Also Present: Miss R Haley, Stipendiary Steward

Plea: Admitted

Charge: Contravention of the Use of Whip Regulations

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DECISION OF THE JUDICIAL COMMITTEE DATED 31 DECEMBER 2019

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Facts
Mr Anderson was charged with a breach of r 869 (2) – excessive use of the whip, after the Stewards reviewed the videos of the Banks Peninsula TC meeting on the 29th December 2019.

The charge was heard at the Winton HRC meeting on the 31st December 2019.

The relevant paperwork was filed.

Mr Anderson admitted the charge.

Mr Anderson was driving B D YASOTHON in Race 10. Ms Haley, with the use of the Trackside video, pointed out the position of Mr Anderson at the top of the straight.

Mr Munro stated that about the 375 metres Mr Anderson activated the removable gear. He was seen to use his whip shortly after and at the finish had struck his horse 12 times. This was in breach of the Whip Guidelines.

Mr Anderson said he was contacted by Mr Ydgren after the meeting and was informed he had breached the rule. He had admitted the charge at the outset.

Decision
After viewing the film, we are satisfied Mr Anderson has breached the Rule and it is found proved.

Penalty Submissions
Mr Munro said Mr Anderson was a very busy driver. He had had 168 drives last season and 169 drives to date this season. However, this was his second breach of the rule inside six months, the most recent at Methven on the 8th December 2019. On that occasion he was suspended for 3 days. He sought a suspension of four/five days.

Mr Anderson said he had admitted the breach at the outset and the breach was at the low end.
He had confirmed drives at Rangiora (3rd January) and asked that any suspension start from the completion of that meeting.

Reason for Decision
Mr Anderson’s use of the whip was low end and he admitted the breach at the outset. However, a second breach within six months warrants a suspension. Mr Anderson asked for a deferment until after Rangiora on January 3rd.

Penalty
Mr Anderson’s Horseman’s Licence is suspended from the conclusion of racing on January 3rd, up to and including January 9th (4 days).

P Knowles
Chairman

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