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Cambridge - Te Awamutu HRC - 26 August 2010 - R 6



869(2)(a)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  T Taumanu

Defendant:  D Dickson

Information No:  68541

Meeting:  Cambridge Te Awamutu HRC

Date: 26 August 2010

Venue:  Cambridge Raceway

Race:  6

Rule No:  869(2)(a)

Judicial Committee:  Jeff Holloway, Chairman - Noel McCutcheon, Committee Member

 

FACTS

Driver Mr S Dickson was charged with being the driver of All The Way used the whip excessively during the run home in Race 6.

 

He admitted the breach and elected to be present for the hearing.  The information was endorsed accordingly.

 

Stipendiary Steward Mr S Wallis identified Mr Dickson from video footage of the relevant stages of the race  and indicated where he had repeatedly struck the horse or its sulky 18 times in the run home without abatement..

 

Stipendiary Steward Mr Taumanu outlined the contents of the guidelines on whipping which indicated Mr Dickson had clearly departed from the accepted norms

 

Mr Dickson in admitting the breach claimed that he thought the whipping was mildly in breach of the guidelines and said that he had “chased him up in the last 50 metres” as he was clearly in the running to win.  He had a responsibility to do the best for the owners and had been beaten into 2nd place by a short neck margin.

 

SUBMISSIONS ON PENALTY

Mr Taumanu told the committee that Mr Dickson was an experienced driver who had not previously been charged with a breach of this nature...

 

He submitted the breach was serious and definitely above mid range.  Accordingly in line with JCA penalty guidelines he suggested a fine of $250.

 

Mr Dickson had no submissions on penalty and no comments on those of the Stipendiary Stewards.

 

REASONS

Having been admitted the charge was established.

 

It was clear from the video footage and the associated guidelines that the relevant rule had been breached.

 

In arriving at the penalty applied the committee took into account the circumstances of the offending and the close margin between first and second.

 

Recognition was also given of Mr Dickson’s guilty plea his excellent driving record and the penalty guidelines.

 

PENALTY

Mr Dickson was fined $200.00.

 

 

 

 

 

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