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NZ Metro TC 30 August 2020 - R 8 - Chair, Mr R McKenzie

Created on 01 September 2020

Committee:
RMcKenzie (chair)
Name(s):
S T Smith
Licensed Junior Driver
MR J W Cox
Licensed Open Driver
Informant
P Williams
Stipendiary Steward
Information Number
A13188
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of Race 8, XCM Sport (Junior Drivers) Pace, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Junior Driver, Mr S T Smith, alleging that Mr Smith, as the driver of THE GENERAL in the race, “used his whip on more occasions than permitted [by Clause (b) of the Use of the Whip Regulations] inside the final 400 metres”.

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

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 a video replay of the final 400 metres of the race. He pointed out THE GENERAL, driven by Mr Smith, racing in 4th-to-last position and improving around runners as the field neared the home turn. Mr Williams alleged that Mr Smith had used his whip 12 or 13 times from inside the 400 metres to the finishing line. The Committee noted that Mr Smith, to his credit, ceased using his whip at least 50 metres from the finishing line, before finishing in 6th placing. Mr Williams stated that there had been 12 clear strikes, possibly 13. That was accepted by Mr Smith.

Neither Mr Smith nor Mr Cox wished to comment.

Decision:

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

Submission For Penalty:

Mr Williams told the Committee that Mr Smith is in his second season as a Junior Driver. This drive was his first this season and, in the 2019/2020 season, he had 24 drives.

Mr Williams referred to the Penalty Guide which prescribes a fine of $200 for a breach involving a number of strikes in the range of 11-13. Mr Smith’s record is clear.

Reasons For Penalty:

The Committee noted the penalty prescribed by the Penalty Guide.

There were no factors that might have been considered as aggravating, and there were no relevant mitigating factors.

It is appropriate to impose a fine in terms of the Penalty Guide in the regulations.

Penalty:

Mr Smith is fined the sum of $200.

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