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Timaru HRC 3 November 2018 - R 6 - Chair, Mr D Anderson

Created on 05 November 2018

Committee:
DAnderson (chair)
SChing
Name(s):
Mr G Shand - Open Driver
Mr R Quirk - Stipendiary Steward
Informant
Mr S Renault - Stipendiary Steward
Information Number
A10878
Plea:
Denied
Charge:
Excessive whip use
Evidence:

Following the running of Race 6 the “Night N Day Pace”, an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869(2) by Open Driver, Mr G Shand. The information stated: G Shand (Onedin Smiler) used his whip on more occasions than permitted by Clause (b) of the Whip Regulations.

Mr Shand signed the information stating I Do Not admit the breach and he indicated to the Committee he had a clear understanding of the rule he was being charged with.

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.

Submission For Decision:

Mr Renault used all the available angles of the race video, with the assistance of Mr Quirk, to identify Mr Shand driving (9) ONEDIN SMILER, racing behind the leaders in the centre of the track approaching the home straight. Mr Renault said the Stewards had a count of 16 strikes but considered one of these to be boarder line. Mr Renault said Mr Shand has stated he wasn’t hitting his horse, but he pointed to his action which he said was a forward striking motion with the whip and reins and he said that it was clear Mr Shand was contacting the horse. He said the Stewards case is purely by way of the video evidence which is very clear.

Mr Shand said he was urging his horse but not striking it. He contended that it was only in the last 100 metres that he struck his horse and only about 4 or 5 times. Previous to that he said, he was only showing the whip and urging with the reins and added, “unless you want to hold the whip in your mouth it has to be held on to somehow.”

Reasons For Decision:

At the conclusion of finishing their cases the Committee asked both parties to leave the room and were able to view the films several times at different speeds, angles, and magnification. Our conclusion was that Mr Shand had struck his horse, or his action imitated striking his horse. In either case we considered this to be in contravention of the rule which states that “no horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres.” This Committee counted a clear 15 times.

Decision:

The charged was found to be proved.

Submission For Penalty:

Mr Renault said Mr Shand had a clear record under this rule in the last 12 months but added Mr Shand had only driven twice last season and twice this season. He said the sliding scale for 15 strikes called for a fine of $300 and the Stewards were seeking that as penalty.

Mr Shand said he understood the Committee had a job to do and declined our offer of viewing close up video of his whip action.

Reasons For Penalty:

The JCA Penalty Guidelines provides the sliding scale for a 14 to 17 strike breach as a $300 fine, mitigation inclusive.

The Committee considered this to be an appropriate penalty in this case.

Penalty:

Mr Shand is fined $300.

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