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NZ Metro TC 14 December 2018 - R 9 - Chair, Mr D Anderson

Created on 17 December 2018

Rules:
869(2)
Committee:
DAnderson (chair)
RMcKenzie
Name(s):
Mr R Holmes - Open Driver
Mr N McIntyre - General Manager of Stewards
Mrs C Tibbs - Stipendiary Steward
Informant
Mr S Wallis - Stipendiary Steward
Information Number
A10818
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of Race 8 the “Blue Star Taxis Mobile Pace” an Information was filed by Stipendiary Steward Mr S Wallis alleging a breach of Rule 869(2) by Open Driver Mr R Holmes. The information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.

Mr Holmes had signed the Information stating he admitted the breach and that he did not wish to be present at the hearing. This was confirmed by Mr Wallis.

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 Regulation made by the Board.

The Use of Whip Regulation (effective from 30 November 2017) 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 Wallis used the race video, with the assistance of Mrs Tibbs, to identify Mr Holmes driving (3) GOOD ON YA KIWI, racing in the 1x1 position entering the home straight. Mr Holmes angled inward from his position and used his whip 12 times in the run to the finishing post.

Mr Wallis stated Mr Holmes agreed with the count of 12 strikes as did the Committee.

Decision:

As Mr Holmes admitted the breach the charge was found proved.

Submission For Penalty:

Mr Wallis said Mr Holmes had one previous breach of this rule on 1 Dec 2018 at Oamaru where he incurred a $200 fine. He said the Stewards were seeking a three-day suspension on this occasion.

He informed the Committee Mr Holmes did not require any deferment of suspension.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 3-5-day suspension for a second or subsequent breach of the rule within a 6-month period.

The Committee found there were no aggravating or mitigating factors to deviate from the penalty guide for this low-level breach of the rule. We considered a 3-day suspension is an appropriate penalty in this case.

Penalty:

Accordingly, Mr Holmes’ licence is suspended from the conclusion of racing on the 16th December up to and including racing on the 29th December 2018.

Meetings encompassed in this suspension are:

Addington 21 Dec

Ashburton 23 Dec

Banks Peninsula 29 Dec 2018

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