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NZ Metropolitan TC 13 April 2018 - R 1 - Chair, Mr G Clapp



869(2)

RACEDAY JUDICIAL COMMITTEE DECISION
Informant
: Mr SP Renault - Stipendiary Steward
Respondent: Mr AN Edge - Advanced Amateur Horseman
Information No: A10173
Meeting: New Zealand Metropolitan Trotting Club
Date: 13 April 2018
Venue: Addington Raceway, Christchurch
Race: 1
Rule No: 869 (2)
Judicial Committee: G J Clapp, Chairman – D M Jackson, Committee Member
Charge: Excessive use of the whip

Also Present: - Mr R Quirk - Stipendiary Steward

FACTS:
Following the running of Race 1, the Bishopdale/Bush Inn TAB’S and Tavern Harewood Mobile Pace, an Information was filed by Mr SP Renault, Stipendiary Steward, alleging, Mr AN Edge, Advanced Amateur Horseman, “used his whip excessively in the final 400 metres

Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Edge had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He had also elected the option that he did not wish to be present at the hearing of the information. Mr Renault confirmed this to the Judicial committee.

SUBMISSION:
Mr Renault showed a video replay of the race, with the assistance of Mr Quirk, as the field passed the 400 metres. He pointed out Mr Edge, (RUSSIAN EXPRESS), who was four wide on the turn for home. He then used his whip on 12 occasions, free of the rein, to the finishing line.

Mr Renault confirmed to the committee that Mr Edge agreed on 12 strikes.

The committee agreed with that count.

DECISION:
Mr Edge having admitted the charge; the charge was found proved.

PENALTY SUBMISSIONS:
Mr Renault said, that last season, Mr Edge had had a total of 26 drives and 21 drives this season. Mr Renault said Mr Edge had a clear record of this rule within the past 6 months.

The prescribed penalty in the Use of the Whip Regulation for 11-13 strikes is a fine of $200, said Mr Renault, and he submitted that that was an appropriate penalty.

REASONS FOR PENALTY:
The prescribed penalty under the Use of the Whip Regulation in the case of 11-13 strikes is a fine of $200. The Committee agreed, from its own observation of the video, that the relevant number of strikes in this case was 12. The breach was mid-range and there were no aggravating factors. The Committee understands that the fine prescribed by the Regulation is to be regarded as a minimum penalty in the absence of exceptional circumstances, of which there are none in this case.

PENALTY:
Mr Edge is fined the sum of $200.

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