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NZ Metro TC 12 April 2019 - R 4 - Chair, Mr D Anderson

Created on 15 April 2019

Rules:
869(2)
Committee:
DAnderson (chair)
RMcKenzie
Name(s):
Mrs A Lethaby - Open Driver
Mr R Quirk - Stipendiary Steward
Informant
Mr N Ydgren - Chief Stipendiary Steward
Information Number
A12443
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of Race 4 the “Clarkson Signs – Traditional Handcrafted Signs Mobile Pace” an Information was filed Chief Stipendiary Steward Mr N Ydgren alleging a breach of Rule 869(2) by Open Driver Mrs A Lethaby. The information alleged, A Lethaby (FRANCO RIOT) used her whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.

Mrs Lethaby had signed the information stating she admitted the breach and that she did not want to be present at the hearing.

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 Whip Regulation (effective from 30 November 2017) provide:

(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.

Mr Ydgren used the race video with the assistance of Mr Quirk to identify Mrs Lethaby driving (2) FRANCO RIOT, racing 3 wide entering the home straight where after used her whip 12 times in the run to the finishing post. Five of the strikes were backhanders.

Mr Ydgren stated Mrs Lethaby agreed with 12 strikes but was surprised the backhanders she used would be counted as strikes.

Decision:

As Mrs Lethaby admitted the breach the charge was found proved.

Submission For Penalty:

Mr Ydgren said this was a clear breach which requires the mandatory penalty for 12 strikes.

Reasons For Penalty:

The JCA Penalty Guide provides a fine of $200 for a breach of the regulations at this level, mitigation inclusive. The Committee considers this to be an appropriate penalty.

Penalty:

Accordingly, Mrs Lethaby is fined $200.

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