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28 Jun 2019
Nz-Metro-Tc - R1

NZ Metropolitan TC - 28 June 2019 - R1 Chair Mr R McKenzie

Created on 03 July 2019

Committee:
RMcKenzie (chair)
HWeston
Name(s):
A S Mugford
Licensed Junior Driver
J W Cox
Licensed Open Driver
Informant
N M Ydgren
Chief Stipendiary Steward
Information Number
A10751
Plea:
Admitted
Charge:
Contravention of Whip regulations
Evidence:

Following the running of Race 1, Ultimate Machete at Alabar Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Driver, Ms A S Mugford, alleging that Ms Mugford, as the driver of DON’T TELL ANGE in the race, “used her whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations”.

Ms Mugford had signed the Statement by the Respondent on the information form indicating that she admitted the breach. Ms Mugford was present at the hearing of the information, assisted by Licensed Open Driver, Mr J W Cox, and she confirmed that she admitted the breach.

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 Ydgren showed a video replay of the final 400 metres of the race. He pointed out Ms Mugford, driving DON’T TELL ANGE, which was racing in the trail behind the leader, INVISIBLE GIRL. Shortly after turning for home, Mr Ydgren said, Ms Mugford commenced using her whip and used it on twelve occasions from that point to the finishing line. Ms Mugford had complied with all of the requirements of the Rule – she had broken up her whip use, had not used excessive force, and the horse had been responding – except for the number of strikes. It had just been the final two strikes near the finishing line, with two other runners finishing on down the outside, that Ms Mugford had “fallen foul” of the Rule, Mr Ydgren said.

The Committee noted that DON’T TELL ANGE finished in 2nd placing, a ½ neck and a long head in front of the 3rd and 4th placed runners.

Ms Mugford said that she got “carried away” when she saw the runners finishing on wider out. She accepted the count of twelve as alleged by the Stewards.
 

Decision:

Ms Mugford having admitted the breach, the charge is found proved.

Submission For Penalty:

Stewards were seeking a fine of $200 being the penalty prescribed in the Regulations for a first offence breach, which this is deemed to be, involving a number of strikes in the range of 11-13.

Mr Ydgren told the Committee that Ms Mugford was having only her 4th raceday drive on DON’T TELL ANGE in this race and was, therefore, very inexperienced. She had, however, been able to hold 2nd placing as a result of the final two strikes.
 

Reasons For Penalty:

The penalty is prescribed in the Regulations for a first breach in the range of 11-13 strikes as a fine of $200. In this case, there were no aggravating or mitigating factors requiring an uplift or a discount. The Regulations call for a fine of $200 for this breach.

Penalty:

Ms Mugford is fined the sum of $200.

 

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