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Timaru HRC 3 November 2018 - R 2 - Chair, Mr D Anderson

Created on 05 November 2018

Committee:
DAnderson (chair)
SChing
Name(s):
Mr D Keast - Junior Driver
Mr R Quirk - Stipendiary Steward
Mrs C Tibbs - Stipendiary Steward
Informant
Mr S Renault - Stipendiary Steward
Information Number
A10874
Plea:
Admitted
Charge:
Excessive whip use
Evidence:

Following the running of Race 2 the “Nevele R Stud Mobile Pace”, an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869(2) by Junior Driver, Mr D Keast. The information alleged. You used your whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.

Mr Keast signed the Information stating he admitted the breach and that he had a clear understanding of the Rule.

Mr Keast was asked by the Committee if he was happy to proceed with the hearing without any assistance from a senior horseman and he said he was comfortable.

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 Regulation (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 used the race video, with the assistance of Mrs Tibbs, to identify Mr Keast driving (7) MATAU GEM, leading the field into the home straight. Mr Renault pointed to Mr Keast striking his horse once, activating the ear plugs, and then using his whip another 14 times in the run to the finishing post.

Mr Keast agreed with the count of 15 strikes as did the Committee.

Decision:

Mr Keast having admitted the breach the charge was found proved.

Submission For Penalty:

Mr Renault said Mr Keast had one previous breach of this rule on 28 September 2018 at Addington where he was fined $200. He said the JCA Guidelines provide for a 3 – 5-day suspension for a second or subsequent breach of this rule within 6 months. He said the Stewards regarded this breach as mid-range considering the number of strikes and recommended a 4-day suspension. He said Mr Keast had stated that he would have been driving at Wyndham on 11 November and the Stewards accept this and were agreeable for that day to be included in any suspension.

Mr Renault explained that Cup Day, 13 November, should not be included in this suspension as Mr Keast is ineligible to drive at that meeting.

Mr Keast had nothing to add and when deferment was discussed he said he would like any suspension to begin immediately.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 3-5-day suspension for a second or subsequent breach of the rule within a 6-month period.

The Committee had regard for the number of strikes which we determined as mid - range, the relatively low number of drives Mr Keast has had this season and his admission.

The Committee after considering these factors, find that a 4-day suspension is an appropriate penalty in this case.

Penalty:

Mr Keast’s licence is suspended from the conclusion of racing today up to and including racing on 15 November 2018.

Meetings encompassed in this period are: Forbury 8 November 2018, Rangiora 9 November 2018, Wyndham 11 November 2018, Ashburton 15 November 2018.

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