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NZ Metro TC 17 June 2021 - R 7 - Chair, Mr S Ching

Created on 18 June 2021

Rules:
Rule 869(2)
Committee:
SChing (chair)
Name(s):
J Hay-Open Horseman
Informant
S Renault- Stipendiary Steward
Information Number
A13122
Plea:
Admitted
Charge:
Breach of Rule 869(2)
Evidence:

Following the running of Race 7, the Granite Benchtop Company Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Driver, Mr J Hay alleging a breach of Rule 869(2) in that he used his whip in more than a wrist flicking motion in the home straight.

Rule 869(2) reads as follows:

869 (2) 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.

Relevant Part of the Whip & Rein Regulations as follows:

WHIP AND REIN REGULATIONS

PART 3 USE OF THE WHIP-RELEVANT SECTION 3.1 as follows;

3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

Mr Hay had endorsed the Information that the breach was admitted which he confirmed at the hearing. Mr Hay also acknowledged that he understood the provisions of the charge and the Rule it was brought under.

Mr Renault gave evidence and showed video replays of the race in the final straight. He pointed out Mr Hay, driving TAURAS, positioned widest on the track and in contention approaching the 250m. Mr Renault demonstrated on the film that after turning for home, Mr Hay used the whip in more than a flicking motion on a number of occasions over the concluding stages. He said that at the 50m Mr Hay reverted back to a more compliant style of whip use.

Mr Hay agreed with the Steward's assessment of the breach.

Decision:

As Mr Hay had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submission For Penalty:

Mr Renault stated that Mr Hay’s driving statistics showed 61 drives last season and 62 drives to date this season. He said that Mr Hay has a clear record in regard to this Rule. Mr Renault stated that this breach was mid-level with the JCA Penalty Guide providing a starting point of a 2-day suspension or a $500 fine for a first offence of this Rule. He submitted that as this was a mid-range breach a fine of $500 be considered as penalty.

Mr Hay stated that a fine of $500 would be excessive and create financial hardship for him. He requested that a suspension be considered as penalty.

Mr Renault stated that if a suspension was to be imposed, submitted that a 4-day suspension was appropriate, due to the infrequency of drives that Mr Hay normally has.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 2-day suspension or a $500 fine as a starting point for a mid-range breach. Mr Hay's submission that a suspension be considered due to financial hardship was respected as a factor. This Committee determined that a suspension would be an appropriate penalty in this case. In order to impose a meaningful penalty, this Committee determined that due to the infrequency of race day drives for Mr Hay over the past two seasons, a suspension of 4 days, as submitted by Mr Renault, was warranted.

Penalty:

Accordingly, Mr Hay is suspended from the conclusion of racing today 17 June 2021 up to and including 4 July 2021. Relevant meetings encompassed in this suspension are Addington 25 June, Timaru 27 June, Addington 2 July and Addington 4 July 2021.

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