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Timaru HRC 3 November 2018 - R 9 - Chair, Mr D Anderson

Created on 05 November 2018

Committee:
DAnderson (chair)
SChing
Name(s):
Mr S Payne - Junior Driver
Mr R Quirk - Stipendiary Steward
Informant
Mr S Renault - Stipendiary Steward
Information Number
A10879
Plea:
Admitted
Charge:
Excessive whip use
Evidence:

Following the running of Race 9 the “More FM Mobile Pace”, an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869(2) by Junior Driver Mr S Payne. The information stated: Mr Payne (FLASHING DIAMOND) used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.

Mr Payne signed the information stating he admitted the breach and that he did not want to be present at the hearing.

Mr Renault stated that Mr Payne was offered assistance from a senior horseman but this offer was declined.

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 Mr Quirk, to identify Mr Payne driving (10) FLASHING DIAMOND, racing mid field approaching the home straight and using his whip 14 times in the run to the finishing post.

Mr Renault stated Mr Payne agreed with the count of 14 strikes as did the Committee.

Decision:

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

Submission For Penalty:

Mr Renault said Mr Payne had a clear record under this rule in the last 12 months. He said the sliding scale for 14 strikes called for a fine of $300 and the Stewards were seeking that as penalty.

Reasons For Penalty:

The JCA Penalty Guidelines provides the sliding scale for a 14 to 16 strike breach as a $300 fine, mitigation inclusive.

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

Penalty:

Mr Payne is fined $300.

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