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NZ Metro TC 13 March 2020 - R 9 - Chair, Mr D Anderson

Created on 31 March 2020

Rules:
869(2)
Committee:
DAnderson (chair)
OJarvis
Name(s):
Mr P Court - Licensed Open Driver
Mr N McIntyre - Chairman of Stewards
Informant
Mr N Ydgren - Chief Stipendiary Steward
Information Number
A12377
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of race 9 an Information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Licensed Open Driver, Mr P Court, alleging that Mr Court as the driver of WELL SAID LOVE in the race, “used his whip on more occasions than permitted by clause (b) of the whip regulations”.

Mr Court had signed the Information stating he admitted the breach and confirmed to the Committee he had a good understanding of the Rule he had been charged with.

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 Regulations (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 to identify Mr Court driving (2) WELL SAID LOVE, racing in the trail at approximately the 500 metres. He pointed to Mr Court use his whip on 13 occasions from the 400 metres to the finishing post and this was not disputed by Mr Court.

Mr Court stated “it is what it is”.

Decision:

As Mr Court admitted the breach the charge was found proved.

Submission For Penalty:

Mr Ydgren said there were no aggravating factors to depart from the guidelines in this case.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a $200 fine, mitigation inclusive, for a breach of the rule involving 12 strikes.

There are no aggravating factors to consider in this case.

Penalty:

Accordingly, Mr Court is fined $200.

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