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NZ Metropolitan TC 31 August 2018 - R 4 - Chair, Mr T Utikere

Created on 01 September 2018

Rules:
869(2)
Committee:
TUtikere (chair)
HWeston
Name(s):
Miss L McKay - Junior Driver
Mr R Close - Assisting Miss McKay
Mr S Renault - Stipendiary Steward
Informant
Mr N Ydgren - Chief Stipendiary Steward
Information Number
A09984
Plea:
Admitted
Charge:
Excessive Use of the Whip
Evidence:

Following the running of Race 4 (CANTERBURY TROTTING OWNERS PACE 2600m), Information A9984 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) and stated that: "L McKay (MARTIN JOHN) used her whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations".

Rule 869(2) states: "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".

Clause (b) of the Use of Whip Regulations states: "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".

Using the side-on, head-on and rear-view films, Mr Ydgren identified that going past the 400m, Miss McKay had taken MARTIN JOHN closer to the outside in an attempt to improve. She had activated the gear with her right hand and had then changed the position of her whip, using it 11 times to the winning post. While some views near the 400 metres were visually obscured, Mr Ydgren submitted that he was satisfied that she had used her whip at least 11 times, in breach of the Regulations.

Miss McKay had no comment to make on the films, and Mr Close confirmed that it was a clear breach of the rule.

Decision:

As the charge was admitted, the Committee deem the charge proved. 

Submission For Penalty:

In presenting the Respondent's record, Mr Ydgren identified a breach on 28 June, some 17 drives ago, for which she received a three day period of suspension. That followed an earlier breach on 11 February for which a $200 fine was imposed. As the current breach was the second within the reset period, the Stewards identified the sliding scale starting point as a 3-5 day suspension and submitted that a four day suspension was appropriate.

Miss McKay accepted that a period of suspension was inevitable and sought a deferment to allow her to fulfil obligations at Addington on 7 September.

Reasons For Penalty:

The Committee considered all of the submissions placed before it. While the side-on view is slightly obscured, it is clear that Miss McKay used her whip to deliver at least 11 strikes over the final 400 metres. We consider this as a low level breach which just falls within the sliding scale identified by Mr Ydgren. This is Miss McKay's second breach within the reset period, so attracts a 3-5 day suspension starting point.

When we consider the nature of this breach and that Miss McKay's previous breach was 17 drives prior, a four day suspension is appropriate. We defer the imposition of the period of suspension to allow the Respondent to fulfil obligations at Addington on Friday 7 September. 

Penalty:

Miss McKay is suspended from the close of racing on Friday 7 September up to and including racing on Thursday 20 September 2018. This incorporates the Rangiora (9th), Addington (14th), Methven (16th) and Addington (20th) meetings.

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