NZ Metro TC 9 October 2010 - R 8 (heard 15 October 2010 at Addington)
869(2)(c)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: S P Renault, Stipendiary Steward
Defendant: M P Edmonds, Licensed Open Driver
Information No: 69359
Meeting: New Zealand Metropolitan Trotting Club
Date: 9 October 2010
Venue: Addington Raceway, Christchurch
Race: 8
Rule No: 869 (2) (c)
Judicial Committee: R G McKenzie, Chairman – S C Ching, Committee Member
Plea: Admitted
FACTS:
Following the running of Race 8, Blue Star Taxis Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr M P Edmonds, alleging that Mr Edmonds, as the driver of THANKSFORTHEMEMORIES in the Race, “used his whip outside the confines of the sulky”.
The information was filed with the Registrar on racenight and served on Mr Edmonds at the meeting of New Zealand Metropolitan Trotting Club at Addington Raceway on 15 October 2010. The information was heard at that meeting.
Mr Edmonds had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(c) project his whip outside the sulky or draw his whip further back that the sulky seat.
SUBMISSION(S):
Mr N R Escott, Chief Stipendiary Steward, showed head-on and side-on video replays of the final 300 metres of the race. He pointed out Mr Edmonds, driving THANKSFORTHEMEMORIES, racing 3-back on the markers entering the final straight. He then showed Mr Edmonds, from that point, use his whip and clearly project it outside the shaft of the sulky on at least six occasions, which was in breach of the Rule, Mr Escott said.
REASON(S):
The Committee was satisfied that Mr Edmonds had used his whip outside the confines of the sulky, as alleged. It also noted that Mr Edmonds had admitted the breach.
DECISION:
The charge was found proved.
SUBMISSION(S) ON PENALTY:
Mr Escott informed the Committee that Mr Edmonds had been “spoken to” about using his whip in this manner but had not been charged with a breach of Rule 869 (2) (c) in the last 12 months. Mr Escott drew the Committee’s attention to the fact that two other horsemen had been fined the sum of $200 for breaches of Rule 869 (2) (c) at the meeting after both had admitted the breach. Mr Escott submitted that a fine of that amount was appropriate in Mr Edmonds’ case.
REASONS:
The Committee, in determining penalty, had regard to Mr Edmonds admission of the breach and his previous good record. It also took into account the fines of $200 that had been imposed on two other drivers at the meeting for the same breach at the same meeting and Mr Escott’s submission in that regard.
PENALTY:
Mr Edmonds was fined the sum of $200.
