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Kapiti Coast HRC 2 February 2020 - R 2 - Chair, Mr T Utikere

Created on 12 February 2020

Committee:
TUtikere (chair)
NMoffatt
Name(s):
Mr S Dickson - Open Horseman
Informant
Mr S Mulcay - Stipendiary Steward
Information Number
A11701
Plea:
Admitted
Charge:
Contravention of the Use of the Whip Regulations
Evidence:

Following the running of Race 2 (THE ANCHORAGE @ WAITARERE BEACH NZ MOBILE PACE 2000m) Information A11701 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) in that Mr Dickson "when driving ONEDIN PUNTER over the final 400 metres used his whip on more occasions than permitted under Clause (b) of the Use of Whip Regulations". Mr Dickson acknowledged that he understood the Rule and Regulations and that he admitted the breach.

Rule 869(2) states: "No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board."

Using the side-on film Mr Mulcay identified ONEDIN PUNTER approaching the 400 metres. It had shifted ground in an attempt to gain better running, with Mr Dickson driving with a free hand. Mr Mulcay submitted that he had struck his horse 12 to 13 times.

Mr Dickson believed the film to be clear, and told the Committee that the long straight had caught him out as he was minded to win as his horse was positioned so close to winning the race. 

Decision:

As the charge was admitted, the Committee proceed on the basis that it is proved.

Submission For Penalty:

Mr Mulcay identified that the Respondent had a clear record as the previous breach was at this meeting 12 months ago. He submitted the breach as one that sat at the low-end.

When invited to make submissions, Mr Dickson said that with regard to penalty “it is what it is”. 

Reasons For Penalty:

It is clear from the side-on film that Mr Dickson used his whip 12 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations. The JCA Penalty Guide identifies a starting point for a breach of this nature as a $200 fine. While Mr Dickson may believe that the quantum of penalty is a foregone conclusion, this is not the case. Committees may impose a penalty outside of the sliding scale if circumstances warrant it. With reference to the circumstances of the current breach, the Committee notes the Respondent's early admission and his record, and sees no reason to deviate from what is identified within the sliding scale. 

Penalty:

Mr Dickson is fined $200.

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