Methven TC 5 September 2010 - R 2
869(2)(a)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N M Ydgren, Stipendiary Steward
Defendant: P J Wakelin, Licensed Open Driver
Information No: 69303
Meeting: Methven Trotting Club
Date: 5 September 2010
Venue: Methven
Race: 2
Rule No: 869 (2) (a)
Judicial Committee: R G McKenzie, Chairman – S C Ching, Committee Member
Plea: Admitted
FACTS:
Following the running of Race 2, Cashmere Club Inc. Trot, Information No. 69303 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Ms P J Wakelin, alleging a breach of Rule 869 (2) (a) in that Ms Wakelin, as the driver of ALL ABOUT ALFIE in the Race, “used her whip excessively in the run home”.
Ms Wakelin had signed the Statement by the Defendant on the information form indicating, firstly, that she admitted the breach and, secondly, that she did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
SUBMISSIONS:
Mrs Ydgren alleged that Ms Wakelin used her whip approximately 19 times in the run home. He said that there were some pauses but 19 times was too many, he said.
Mr Ydgren supported his allegation with a video replay of the final 300 metres of the race. It confirmed that Ms Wakelin had used her whip as alleged.
DECISION:
The charge was found proved.
SUBMISSIONS ON PENALTY:
Mr Ydgren informed the Committee that Ms Wakelin had no recent breaches of the Rule.
Mr Ydgren said that, in discussions with the Stewards, Ms Wakelin had expressed a preference for a suspension rather than a fine. He said that the Stewards supported a suspension and he submitted that a term of 2 days was appropriate.
REASONS:
The Committee took into account, in determining penalty, Ms Wakelin’s admission of the breach and her previous good record. It also took into account Ms Wakelin’s preference for a suspension and that the breach was at the lower end of the scale, having regard to the number of strikes and that there were some pauses, as pointed out by Mr Ydgren.
PENALTY:
Ms Wakelin’s licence was suspended for a period commencing after the close of racing on this raceday up to and including 12 September 2010 – 2 days.
