Forbury Park TC - 24 June 2010 - R 10
869(2)(a)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mrs K R Williams Stipendiary Steward
Defendant: Mr R H Swain
Information No: 68810
Meeting: Forbury Park Trotting Club
Date: 24 June 2010
Venue: Forbury Park
Race: 10
Rule No: 869 (2) (a)
Judicial Committee: N D Skelt, Chairman - J L Eagles, Committee Member
Plea: Not Admitted
CHARGES:
Driver R H Swain was charged under rule 869 (2) (a) alleging that he used his whip excessively on the horse Shapiro from the 500 metre mark to the winning post. Mr Swain did not admit the breach and was present at the hearing.
FACTS/SUBMISSIONS:
Mrs Williams used several video clips of the alleged incident highlighting Mr Swain using his whip 36 times on his horse Shapiro from the 500 metre mark to the winning post. Mrs Williams said that Mr Swain at no point stopped his action and in her opinion the breach was not a good look for the industry, particularly on Trackside TV.
Mr Swain said that his horse was battling at the 500 metre mark and that he had only finished third as a result of his urgings. If he had not driven the horse out then the horse would certainly have not finished in a dividend or stake bearing place. Mr Swain said that the rule was inappropriate as if he had not driven the horse out he then may have been charged for not doing that.
DECISION:
The committee was satisfied that a breach of the rule had occurred. The video evidence was compelling clearly identifying the horse Shapiro being hit on 36 occasions - this was including the shaft and dust sheet.
SUBMISSION(s) ON PENALTY:
Mrs Williams stated that Mr Swain had been charged ten months ago under the same rule and was fined the sum of $250. Mrs Williams recommended a fine of $250 be imposed.
Mr Swain had no submissions on penalty.
PENALTY:
Mr Swain was fined the sum of $250. The committee understood Mr Swain’s comments regarding the rule and how difficult it was to work within the guidelines as it was a fine line on some occasions as to what was excessive particularly when a horse was doing its best and responding as Shapiro was on this occasion to Mr Swain’s urgings.
N D Skelt J L Eagles
Chairman Committee Member
68810
