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NZ Metro TC 19 July 2020 - R 3 (heard 24 July 2020 at Addington) - Chair, Mr S Ching



869(2) - Whip Regulation (b)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr N Ydgren - Chief Stipendiary Steward

Defendant: Mr M Anderson - Licensed Open Horseman

Information No: A13265

Meeting: NZ Metropolitan Trotting Club

Date: 19 July 2020 (heard 24 July 2020 at Addington)

Venue: Addington Raceway

Race: 3

Rule No: 869(2) – Whip Regulation (b)

Judicial Committee: Mr S Ching, Chairman

Plea: Admitted

EVIDENCE:

This was an adjourned hearing from the NZMTC meeting on Sunday, 19 July and heard at the NZMTC meeting on Friday, 24 July 2020.

Following Race 3, the XCM Sport Handicap Pace, an Information was lodged against Licensed Open Horseman, Mr M Anderson, alleging a breach of Rule 869(2) in that he used his whip on more occasions than is permitted inside the final 400m.

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.

Whip Regulation (b) reads as follows;

(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 Anderson confirm that he admitted the charge and Rule it was brought under.

SUBMISSION(S):

Mr Ydgren gave evidence to show that Mr Anderson driving JIMMY CANNON, was positioned in the one, one position as the field passed the 400m and into the final straight. Shortly after entering the straight, Mr Anderson, drew the whip and used it on 12 occasions prior to the line.

Mr Anderson did not dispute the number of strikes.

DECISION:

The charge was found proved.

PENALTY SUBMISSIONS:

Mr Ydgren stated that Mr Anderson’s record showed 2 previous breaches within the past 6 months, being a 3-day suspension on 7 June 2020 and a 6-day suspension for a breach in a Group race on 20 March 2020. He said that the JCA Penalty Guide provides a 3 to 5 day starting point for a second or subsequent breach of this rule within a 6-month period. Mr Ydgren stated that as this was Mr Anderson’s 3rd breach within that period, a 4-day suspension be considered as penalty.

Mr Anderson made no submissions in regard to penalty apart from making application for a deferment of penalty until after racing at Addington on 31 July 2020, as he had commitments through to the following Friday.

REASONS FOR PENALTY:

Mr Anderson ’s record showed 2 breaches under this Rule in the previous 6 months. The Penalty Guide provides a 3 to 5-day suspension as a starting point for subsequent breaches and with this breach, being Mr Anderson’s 3rd and in addition, the breach, being low-range with 12 strikes, we decided that a 4 day starting was appropriate. There were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a 4-day suspension was an appropriate penalty.

Mr Anderson’s application for a deferment until after racing on 31 July 2020 was granted.

PENALTY:

Mr Anderson is suspended from the conclusion of racing 31 July up to and including 9 August 2020. Relevant meetings encompassed in this period of suspension are Invercargill-2 August, Addington-3 August, Addington-5 August, Invercargill- 9 August 2020.

S Ching

CHAIRMAN

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