Auckland TC - 3 September 2010 - R 1
869(2)(a)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr JM Muirhead
Defendant: Mr T Macfarlane
Information No: 68696
Meeting: Auckland Trotting Club
Date: 3 September 2010
Venue: Alexandra Park Raceway Auckland
Race: 1
Rule No: 869(2)(a)
Judicial Committee: BJ Scott, Chairman - GR Jones, Committee Member
Plea: Not admitted.
CHARGE:
Horseman T Macfarlane was charged with using his whip excessively when driving Ardly A Diamond over the concluding stages of the race.
FACTS:
Rule 869(2)(a) provides:
“No horseman shall during any race use his whip in an unnecessary, excessive or improper manner”.
The Rule was read to Mr Macfarlane and he acknowledged that he understood it. The Committee also asked Mr Macfarlane if he was aware of the Use of Whip Guidelines issued by the Chief Stipendiary Steward on the 1st of June 2009 and he acknowledged that he was familiar with those Guidelines.
Mr Muirhead gave evidence by use of the video films. He pointed out where Mr Macfarlane and Ardly A Diamond came from back in the field and finished on down the straight. He said that from the home turn to the finishing post Mr Macfarlane used his whip 19 times. Mr Muirhead demonstrated the use of the whip from three different angles and said that Mr Macfarlane used the whip continuously 15 times. He said that at the top of the straight Mr Macfarlane used the whip 4 times then flicked the horse then 15 times continuously and then 2 flicks on the winning post that he was not concerned about. He told this Committee that as far as the Stipendiary Stewards were concerned Mr Macfarlane’s use of the whip was excessive.
Mr Macfarlane was given the opportunity to question Mr Muirhead but did not do so.
Mr Macfarlane in giving evidence said that he totally disagreed with Mr Muirhead’s evidence. He said that he had come from the rear and had run 4th and that his horse had responded to the whip. He said the horse had not been going any good but had responded today and had finished on. He also said to the Committee that he was aware that there was a Rule that a driver has to give his horse every opportunity to get the best placing in the race.
Mr Macfarlane also said that some of the strokes with the whip were only flicks and it was not as bad as it looked. Mr Macfarlane took the opportunity to use the films to demonstrate his point.
Mr Muirhead was given the opportunity to question Mr Macfarlane and he questioned his (Mr Macfarlane’s) counting of the number of times that he used the whip. Mr Muirhead suggested that he used the whip 4 times then there was a flick and then 15 further times. Mr Muirhead and Mr Macfarlane both using the films disagreed on the number of times that the whip was used.
REASONS:
This is a charge of excessive use of the whip and Mr Macfarlane is a senior and experienced horseman and he is not only aware of the Rule but also is aware of the Chief Stipendiary Steward’s Whip Guidelines.
Mr Macfarlane’s horse has come from back in the field and has finished 4th. Mr Macfarlane has pointed out to this Committee the obligation on a driver to give his or her horse the best opportunity to obtain the best possible position in the race but the Committee pointed out to Mr Macfarlane that this still has to be done within the Rules.
Mr Macfarlane thought that he had used the whip about 14 times and that the rest were flicks but this Committee has spent some time reviewing the films of the race and has determined that Mr Macfarlane has used the whip at least 18 times and the majority of the use of the whip was continuous.
The test to whether the whip was used excessively is, quite simply, whether it has been used too much. The Whip Guidelines state that. The Whip Guidelines also state “no horseman shall use the whip continuously at any time during a race and there must be distinct pauses between the whip being used or the use of the whip shall be interrupted by acceptable alternative actions”. When Mr Macfarlane’s use of the whip is looked at in terms of the Guidelines then clearly it is excessive and the Committee so finds.
DECISION:
The Committee finds the charge against Mr Macfarlane of excessive use of the whip proven.
PENALTY SUBMISSIONS:
Mr Muirhead referred to the JCA Guidelines and said that the starting point fine was $250.00 and he submitted that this was appropriate.
Mr Macfarlane said that this was not a serious breach and any fine should be less than the starting point.
PENALTY REASONS:
The Committee took into account the evidence given by both parties and although Mr Macfarlane has defended the charge he should not be penalised for doing so. Mr Macfarlane has a very good record as far as use of the whip is concerned and he is to be given credit for that. The Committee is aware of the JCA Guidelines starting point fine and the Committee also has checked recent penalties for this offence. In taking all matters into account the Committee believes that a fine of $200.00 is appropriate.
PENALTY:
The Committee therefore imposes a fine of $200.00 on Mr Macfarlane.
