Cambridge - Te Awamutu HRC - 29 July 2010 - R 6
869(2)(a)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Stipendiary Steward Mr J Muirhead
Defendant: Mr J Newberry
Information: 68538
Meeting: Cambridge - Te Awamutu Harness Racing Club
Date: 29th July 2010
Venue: Cambridge Raceway
Race: 6
Rule No: 869(2)(a)
Judicial Committee: B Rowe, Chairman – B Scott, Committee Member
Plea: Not admitted
CHARGE(s):
Used his whip excessively when driving HENRY DUCKET over the concluding stages of the race.
EVIDENCE:
Mr Muirhead showed and interpreted the video film of the run down the home straight. He said Mr Newberry struck his horse with the whip down the whole length of the straight – about 21 times. He said there was no pause between some of the strikes. In answer to Mr Newberry he said there was no set number of strikes which constituted excessive use and also said another driver was under investigation for a similar matter in the same race.
Mr Newberry said his horse was within half a neck of winning the race and he had to look after the interests of the betting public. He said he was not a cruel driver.
DECISION:
The video evidence is inconclusive. The horse was struck about 21 times, the last ten strikes being continuous. Mr Newberry’s use of the whip was clearly outside the guidelines set by the Chief Stipendiary Steward in August 2009. The charge is proven.
SUBMISSIONS ON PENALTY:
Mr Muirhead the recommended starting point was a fine of $250 or one week suspension. He said this was Mr Newberry’s 7th drive for the season. He had no other breaches recorded against him and the offending was in the upper half on the scale of seriousness. He said some of the strikes were forceful. He submitted the starting point was appropriate.
Mr Newberry said he would prefer a suspension.
REASONS:
In fixing penalty the committee takes into account the submissions of Mr Muirhead and Mr Newberry, the recommended starting point and treats the offending as mid range on the scale of seriousness. The committee also takes into account penalties imposed for similar breaches of this rule. The committee considers a suspension would be a meaningless penalty given the infrequent driving of Mr Newberry. The committee does not find there are any mitigating factors warranting a deviation from the recommended starting point.
PENALTY:
A fine of $250 is imposed.
B Rowe B Scott
Chair Committee Member
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