NZ Metro TC - 10 August 2010 - R 4

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: K R Williams, Stipendiary Steward

Defendant: J J A Young, Licensed Junior Driver

Information No: 69265

Meeting: New Zealand Metropolitan Trotting Club

Date: 10 August 2010

Venue: Addington Raceway, Christchurch

Race: 4

Rule No: 869 (2) (a)

Judicial Committee: R G McKenzie, Chairman - S C Ching, Panellist

Plea: Admitted

Also present:

Mr P D Young (Licensed Open Horseman)

FACTS:

Following the running of Race 4, “Badlands Hanover” at Nevele R Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Junior Driver, Miss J J A Young, alleging a breach of Rule 869 (2) (a) in that Miss Young, as the driver of TALLULAH BELLE in the race, “used her whip in an unnecessary manner on a beaten runner”.

Miss Young was present at the hearing of the information and she indicated that she admitted the breach.

Rule 869 provides as follows:

(2)   No horseman shall during any race:-

       (a)    use his whip in an unnecessary, excessive or improper manner.

SUBMISSION(S):

Mrs Williams showed video replays of the final 200-300 metres of the race. She pointed out Miss Young driving TALLULAH BELLE, towards the rear of the field as the field entered the home straight. She then pointed out Miss Young use her whip on the horse on, she alleged, 12 occasions. The horse had not been “beaten” by Miss Young but had not made any significant ground and was never likely to run into the first six placings. While the force used was not great, the appearance of the whip being used on a beaten runner did not look good, Mrs Williams submitted.

Miss Young did not wish to say anything in relation to the matter.

DECISION:

The charge was found proved.

SUBMISSION(S) ON PENALTY:

Mrs Williams said that the usual fine for a breach of the Rule, in these circumstances, was a fine of $200. She said that a fine of that amount would be excessive in this case which, she said, was at the lower end of the scale.

Mr Young, on Miss Young’s behalf, said that Miss Young was a student and had limited income. She had not previously been charged with any breach of the whip Rule. This was confirmed by Mrs Williams.

REASONS:

The Committee took into account Miss Young’s admission of the breach, her previous good record and her limited income. The Committee also agreed with Mrs Williams’ submission that the breach was at the lower end of a scale of seriousness.  

PENALTY:

Miss Young was fined the sum of $150.