Cambridge - Te Awamutu HRC - 29 July 2010 - R 6
869(2)(a)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Stipendiary Steward Mr J Muirhead
Defendant: Mr T Mitchell
Information: 68539
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: Admitted
Also Present: N/A
CHARGE(s):
Used his whip excessively when driving FIREINTHEHOLE over the concluding stages of the race.
FACTS:
Mr Muirhead showed and interpreted the video film of the run down the home straight. He said Mr Mitchell struck his horse with the whip on about 26 occasions. The use was a mixture of forehand and backhand strikes.
Mr Mitchell acknowledged his use of the whip did not look good. He said the horse switched off and the backhand strikes had no force in them.
SUBMISSION(s) ON PENALTY:
Mr Muirhead said Mr Mitchell had had 536 drives this season without any breaches of the rules. He said the offending was in the lower half on the scale of seriousness and he recommended a concession for the admission of the breach. Mr Mitchell asked for the least possible penalty.
REASON(s):
In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr Muirhead and Mr Mitchell, Mr Mitchell’s superb driving record, the recommended starting point for penalty which is a fine of $250 or one weeks suspension, other penalties imposed for a similar breach of this rule and accepts that the offending is in the lower half of the scale of seriousness.
PENALTY:
Balancing the above matters but with emphasis on Mr Mitchell’s superb driving record a fine of $150 is imposed.
B Rowe B Scott
Chairman Committee Member
68539
