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NZ Metro TC 19 July 2020 - R 7 - Chair, Mr R McKenzie

Created on 20 July 2020

Committee:
RMcKenzie (chair)
Name(s):
G C Telfer
Licensed Graduation Driver
Informant
P Williams
Stipendiary Steward
Information Number
A13267
Plea:
Admitted
Charge:
Breach of Use of the Whip Regulations
Evidence:

Following the running of Race 7, Lamb & Hayward “Regional Racing Series” Mobile Pace, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Graduation Driver, Mr G C Telfer, alleging that Mr Telfer, as the driver of SZYBKA LANE in the race, “used his whip on more occasions than is permitted by the Use of the Whip Regulations”.

Mr Telfer had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He confirmed this at the hearing, at which he was present.

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 Regulations 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 Williams showed video replays of the final 400 metres of the race. He pointed out SZYBKA LANE, driven by Mr Telfer, in last position and behind runners as the field neared the home turn. Just prior to the home turn, Mr Telfer commenced using his whip and, from that point, he used it 11 times to the finishing line. The Committee noted that SZYBKA LANE finished in 8th placing, 5.3 lengths from the winner.

Mr Telfer said that he accepted the alleged count of 11 strikes and did not wish to say anything in relation to the breach.

Decision:

Mr Telfer having admitted the breach, the charge was found proved.

Submission For Penalty:

Mr Williams told the Committee that Mr Telfer had a clear record under the rule. He submitted that a fine of $200 was appropriate, as per the Regulation, for a breach in the low range of 11-13 strikes. The Committee explained to Mr Telfer the sliding scale in the Penalty Guide in the Regulation. Mr Telfer declined to make any submission in relation to penalty.

Reasons For Penalty:

The Penalty Guide in the Regulation prescribes a fine of $200 for 11-13 strikes in the case of a driver with a clear record, as in Mr Telfer’s case. There were no aggravating or mitigating factors that the Committee needed to take into account.

Penalty:

Mr Telfer is fined the sum of $200.

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