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NZ Metro TC 30 August 2020 - R 9 - Chair, Mr R McKenzie

Created on 01 September 2020

Committee:
RMcKenzie (chair)
Name(s):
J J A Young-Grant
Licensed Open Driver
Informant
P Williams
Stipendiary Steward
Information Number
A13189
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of Race 9, Allied Security Handicap Trot, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Open Driver, Mrs J J A Young-Grant, alleging that Mrs Young-Grant, as the driver of SHE’S ALL THE CRAZE, in the race, “used her whip on more occasions than is permitted [by Clause (b) of the Use of the Whip Regulations] inside the final 400 metres”.

Mrs Young-Grant had signed the Statement by the Respondent on the information form indicating that she admitted the breach. She was present at the hearing of the information 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 Williams showed a video replay of the final 400 metres of the race. He pointed out SHE’S ALL THE CRAZE, driven by Mrs Young-Grant, racing in 5th position and three places back on the markers as the field neared the home turn. Shortly thereafter, Mrs Young-Grant angled her horse to be the widest of the five runners and finished on into 4th placing. Mr Williams alleged that Mrs Young-Grant had used her whip 12 times from the 400 metres to the finishing line.

Mrs Young-Grant said that she accepted the alleged count of 12. She explained that she was trying to become accustomed to the new use of whip regulations which are to come into force shortly. However, she had omitted to count her strikes, she said. She had the reins in her hands at all times and the strikes were not forceful, she submitted. 

Decision:

Mrs Young-Grant having admitted the breach, the charge was found proved.

Submission For Penalty:

Mr Williams told the Committee that Mrs Young-Grant has a clear record. She has had 16 drives this season and, in the 2019/2020 season, she had 159 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. 

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. This breach was low-end.

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

Penalty:

Mrs Young-Grant is fined the sum of $200.

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