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NZ Metro TC 27 September 2019 - R 10 (heard 6 October 2019 at Timaru) - Chair, Mr D Anderson



869(2)

RACEDAY JUDICIAL COMMITTEE DECISION

Rule Number: 869(2)

Charge: Contravention of the Whip Regulations

Judicial Committee: D J Anderson, Chairman - O Jarvis, Panellist

Name(s):

Mr J Versteeg – Open Driver
Mr S Mulcay – Stipendiary Steward
Mrs C Tibbs – Stipendiary Steward

Informant: Mr N Ydgren – Chief Stipendiary Steward

Information Number: A12852

Venue: Phar Lap Raceway

Plea: Admitted

Evidence:

Following the running of Race 10 the “The Crossing Fashion Starts Here Competition Open Now Pace” an Information was filed by Chief Stipendiary Steward Mr N Ydgren alleging a breach of Rule 869(2) by Open Driver Mr J Versteeg. The information stated: J Versteeg (BOUND TO IMPRESS) used his whip on more occasions permitted by Clause (b) of the Use of Whip Regulations.

The Hearing of the Information was adjourned on race night and heard today the 6th of October 2019 at the Timaru Harness Racing Club's Meeting at Phar Lap Raceway.

Mr Versteeg signed the information stating he admitted the breach and said he had a clear understanding of the rule.

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 Ydgren used the race video, with the assistance of Mrs Tibbs, to identify Mr Versteeg driving (5) BOUND TO IMPRESS, three back in the running line approaching the 400 metres and using his whip 11 times in the run to the finishing post.

Mr Versteeg agreed with the count of 11 strikes as did the Committee.

DECISION:

Mr Versteeg having admitted the breach the charge was found to be proved.

SUBMISSIONS FOR PENALTY:

Mr Ydgren said Mr Versteeg had a clear record under this rule in the last 12 months. He said the sliding scale for 11 strikes called for a fine of $200.

REASONS FOR PENALTY:

The JCA Penalty Guidelines provides the sliding scale for an 11 to 13 strike breach as a $200 fine, mitigation inclusive.

The Committee considered this to be an appropriate penalty in this case.

PENALTY:

Mr Versteeg is fined $200.

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