Gore 7 September 2010 - R 7 (heard at Winton 17 September 2010)
869(2)(a)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: C J Allison
Defendant: K J Bellew
Information No: 66898
Meeting: Gore HRC
Date: 7 September 2010 (heard at Winton on 17 September 2010)
Venue: Gore
Race: 7
Rule No: 869 (2) (a)
Judicial Committee: N.D Skelt, D J Steel
Plea: Admitted
CHARGES:
An information was laid by M.C.J Allison, Stipendiary Steward at the conclusion of race 7 at the Gore HRC on 7th September alleging a breach of rule 869 (2) (a) in that K.J Bellew, owner, trainer and driver of Joshua K used his whip excessively in the home straight.
FACTS:
Mr Bellew admitted the breach which is therefore deemed proven.
Mr Allison informed the committee that this matter was unable to be heard on the actual race day due to technical difficulties with the video equipment.
On viewing the film of the final 250 metres, Joshua K the leader and eventual winner is seen to be struck in excess of 40 times with the whip. Mr Allison pointed out that at no time did Mr Bellew strike his horse while not holding the reins in both hands, nor were any of the strikes considered to be forceful.
SUBMISSION(s):
Mr Bellew accepted the fact that he had breached the rule and that he was aware of the guidelines as to the use of the whip. He asked the committee to consider the fact that his horse had to be kept up to its work or else it would knock off and as his horse was likely to be favourite he considered it was his responsibility to get the best out of it.
Mr Bellew further submitted that if his actions were considered excessive, there would have been other horses in the race driven in a manner which would look worse than his.
Mr Allison reiterated that this breach related is excessive use of the whip and that 40 strikes, although not forceful, was excessive.
SUBMISSION(s) ON PENALTY:
Mr Allison considered the breach to be at the low end of the scale and started that Mr Bellew had no previous breaches of the rule and a fine was appropriate.
Mr Bellew stated that he only had one horse in work and that he was intending to get out of racing horses in the near future.
DECISION:
The committee was satisfied a breach of the rule had occurred. In assessing penalty consideration was given to Mr Bellew’s guilty plea and that Mr Bellew had no previous breaches of this rule. The committee also took into account when fixing penalty the type of horse Joshua K is to drive.
Further more the committee agreed with Mr Allison’s view that this breach is at the low end of the scale and balancing this against the penalty guide, the committee is of the view a fine of $300 is appropriate.
Mr Bellew is therefore fined the sum of $300 and reminded of his obligations under the rules of racing.
