Northland TC - 20 July 2010 - R 2
869(2)(a)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr N Ydgren Stipendiary Steward
Defendant: Mr J Brownlee
Information: 68647
Meeting: Northland Harness Racing Club
Date: 20 July 2010
Venue: Alexandra Park Raceway
Race: 2
Rule No: 869 (2) (a)
Judicial Committee: B Rowe, Chairman – J Holloway, Committee Member
Plea: Admitted
CHARGE:
Used his whip in an unnecessary manner when striking WHATAWEE BABE rounding the final bend who at the time was a beaten runner and well out of contention.
FACTS:
Mr Ydgren showed and interpreted the video film of the incident. He said WHATAWEE BABE began tiring with 600metres to run. Mr Brownlee activated the earplugs and used the whip on a couple of occasions. The horse did not respond and kept on drifting out of contention. Mr Brownlee then struck the horse with the whip on about 10 occasions around the final bend.
Mr Brownlee said he drove the horse in training. He said it “needed a tickle up” to get it going. He said he thought the horse was cheating and he used the whip to see if the horse would pick up the bit.
SUBMISSION(s) ON PENALTY:
Mr Ydgren said the recommended starting point was a fine of $250 or a one week suspension. He said Mr Brownlee had frankly admitted the breach and had a clear record. He said the offending was lower to middle on the scale of seriousness and that a fine of $250 would be the upper limit.
Mr Brownlee asked for the minimum penalty possible.
REASON(s):
In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr Ydgren and Mr Brownlee, Mr Brownlee’s clear record, the recommended starting point, the offending was mid-range on the scale of seriousness and other penalties imposed for a breach of this rule.
PENALTY:
Balancing the above matters with emphasis on other penalties imposed a fine of $200 is imposed.
B Rowe J Holloway
Chairman Committee Member
68647
