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NZ Metro TC 28 September 2018 - R 1 - Chair, Mr R McKenzie

Created on 02 October 2018

Committee:
RMcKenzie (chair)
DJackson
Name(s):
Mr P C Nairn - Licensed Open Driver
Informant
Mr S P Renault - Stipendiary Steward
Information Number
A09991
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of Race 1, Christchurch Casino Proud Supporters of Cup Day Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr P C Nairn, alleging that Mr Nairn, as the driver of GIL FAVOUR in the race, “used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations”.

Mr Nairn had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He further indicated that he did not wish to be present at the hearing of the information, which Mr Renault confirmed.

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 Renault showed a video replay of the final 400 metres of the race. He pointed out GIL FAVOUR, driven by Mr Nairn, improving 3-wide approaching the home turn, on the back of SWISS MISS (G D O’Reilly), in about 6th position. Stewards were alleging that Mr Nairn had used his whip on 13 occasions from that point, Mr Renault said. The count of 13 was accepted by Mr Nairn, Mr Renault said. Mr Nairn had explained to the Stewards that most of the strikes were on the sulky and he believed there had been pauses. The Committee noted that GIL FAVOUR had finished in 4th placing.

Decision:

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

Submission For Penalty:

Mr Renault told the Committee that Mr Nairn had a clear record. This was Mr Nairn’s first drive for the current season and, in the 2017/2018 season, he had only two drives. Mr Renault then referred to the sliding scale for breaches of the Rule as set out in the Regulations. He submitted that a fine of $200 for a number of strikes in the 11-13 range as per the Regulations was the appropriate penalty.

Reasons For Penalty:

In determining penalty, the Committee had regard to the Penalty Guide in the Use of the Whip Regulations and noted that the “sliding scale” penalty for a first offence involving a number of strikes in the 11-13 range is a fine of $200. The Committee saw no need to depart from the prescribed penalty.

Penalty:

Mr Nairn is fined the sum of $200.

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