Kumeu TC - 16 July 2010 - R 3
869(2)(a)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr N. Ydgren Stipendiary Steward
Defendant: Mr O. Gillies
Information: 68645
Meeting: Kumeu District Trotting Club
Date: 16 July 2010
Venue: Alexandra Park Raceway
Race: 3
Rule No: 869(2)(a)
Judicial Committee: B Rowe, Chairman – N McCutcheon, Committee Member
Plea: Admitted
Also Present: Mr B Mangos
CHARGE(S):
Mr Gillies used his whip in an excessive manner when driving out SUNNY’S BAR in the run home.
FACTS:
Mr Ydgren showed the video film of the run home. He said Mr Gillies used his whip on about 27 occasions. Mr Gillies said that he didn’t realise that the guidelines took into account hitting the dust sheet and/or the sulky shaft. Mr Mangos, who was assisting Mr Gillies, said that there were several pauses in the use of the whip, there were several occasions when the whip did not hit the horse, and Mr Gillies was not hitting a beaten horse.
SUBMISSION(S) ON PENALTY:
Mr Ydgren said the recommended starting point was a fine of $250 or a suspension for one week. He said the offending was lower to middle on the scale of seriousness. He said Mr Gillies had breached the whip rule relating to use outside the confines of the sulky last week. He recommended a fine in the vicinity of $250. Mr Mangos accepted the submissions of Mr Ydgren. Mr Gillies thought a fine of $250 was probably a little bit high.
REASON(S):
The Committee takes into account the admission of the breach, the submissions of Mr Ydgren, the acceptance of those submissions by Mr Mangos and Mr Gillies, Mr Gillies’ view of the suggested fine of $250, the recommended starting point for penalty and the breach of the whip rules by Mr Gillies last week. The Committee accepts that the offending is at the lower end of the scale.
PENALTY:
Balancing the above matters, but with emphasis on the number of times the whip was used, a fine of $250 is imposed. Mr Gillies is advised that ignorance of the rules is no excuse. Mr Ydgren was asked to include a comment on Mr Gillies’ horseman’s record to the effect that any future breach of the whip rules would result in a more substantial penalty.
B Rowe N McCutcheon
Chairman Committee Member
68645
