R Te Aroha - 20 August 2010 - R 3

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr M Williamson

Defendant:  Mr N Hanley

Information No:  428

Meeting: Racing Te Aroha

Date:  20 August 2010

Venue:  Te Aroha

Race:  3

Rule No:  638 (3) (b)

Judicial Committee:  R Seabrook, Chairman – G Tankard, Committee Member 

Plea:  Admitted

CHARGES:

Following Race 3 an Information was filed pursuant to rule 638 (3) (b).  The Informant Mr Williamson alleged that Mr Hanley, rider of STORMINASANDPIT, used the whip in an excessive manner.

FACTS:

Mr Williamson demonstrated the video films which showed Mr Hanley, riding STORMINASANDPIT strike his mount approximately 14 times before the 200 metres.  Mr Williamson said Mr Hanley did give respite for 3 strides but not the required 6 under the guidelines. 

SUBMISSION(s):

Mr Hanley had nothing to add.

SUBMISSION(s) ON PENALTY:

Mr Williamson said this was Mr Hanley’s second charge this season but said Mr Hanley did give some respite in difficult ground conditions.  He submitted this breach was at the low end and believed a fine of $150 - $200 would be appropriate.

Mr Hanley had nothing further to say.

REASON(s):

The Committee considered all evidence and submissions before imposing an appropriate penalty.  Mitigating factors are Mr Hanley’s guilty plea, the difficult track conditions and that he had given some respite to his mount.  However Mr Hanley’s actions were clearly in excess of the guidelines.  As this was Mr Hanley’s second whip charge this season he was reminded of his obligations under the rule.

PENALTY:

Accordingly after taking all the above factors into account we fine him the sum of $150.