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NZ Metro TC 7 June 2020 - R 3 (heard on 12 June 2020 at Addington) - Chair, Mr D Anderson



869(2) and Contravention of Use of Whip Regulations

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr N Ydgren - Chief Stipendiary Steward

Respondent: Mr MJ Anderson, Licensed Open Driver

Information No: A13252

Meeting: NZ Metropolitan Trotting Club

Date: 7 June 2020 (heard at Addington on 12 June 2020)

Venue: Addington Raceway, Christchurch

Rule No: 869(2) and Use of Whip Regulations

Race: 3

Judicial Committee: Mr D Anderson, Chairman

Also Present: Mr N McIntyre – Chairman of Stewards

Plea: Admitted

FACTS:

Following the running of Race 3 an information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Licensed Open Driver, Mr M Anderson, alleging that Mr Anderson as the driver of KAYLA MARIE in the race, “used his whip on more occasions than permitted by clause (b) of the whip regulations”.

A hearing was opened and Adjourned Sine Die by JCA Chairman Mr S Ching and heard on the following race night 12 June 2020.

Mr Anderson signed the information stating he admitted the breach and confirmed to the Committee he was conversant with the rule and the regulations.

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 Regulation 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 used the race video to identify Mr Anderson driving (1) KAYLA MARIE, racing in the 1x1 position passing the 400m and switching to the passing lane entering the straight. He pointed to Mr Anderson using his whip on 12 occasions from the 250 metres to the finishing post and this was not disputed by Mr Anderson.

DECISION:

As Mr Anderson admitted the breach the charge was found proved.

PENALTY SUBMISSIONS:

Mr Ydgren said Mr Anderson has one previous breach to consider which was on 20 March 2020. He said that particular breach was in a Group 2 race where he was suspended for six days. He said this breach was low range and recommended a three-day suspension as penalty.

Mr Anderson made no submissions but sought a deferment until after racing on the 19 June.

REASONS FOR PENALTY:

The JCA Penalty Guide provides for a 3 to 5-day suspension for a second or subsequent breach of this rule and the Committee adopted a 3-day starting point as this breach is low range.

There are no aggravating factors to consider in this case.

PENALTY:

The Committee granted a deferment to Mr Anderson’s suspension pursuant to Rule 1304(1) (b) (ii).

Accordingly, Mr Anderson’s licence to drive is suspended from the conclusion of racing on 19 June up to and including racing on the 26 June 2020 (3 days).

Meetings encompassed in the suspension are:- Invercargill 20 June, Addington 21 June, and Addington 26 June 2020.

D Anderson

CHAIR

12 June 2020

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