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Wairio TC 20 October 2013 - R 2 (heard at Riverton on 3 November 2013)



869(2)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr SP Renault – Stipendiary Steward
Defendant: Mr S Kelly - Horseman
Information No: A1900
Meeting: Wairio Trotting Club
Date: 20 October 2013 (heard 3 November 2013 at Riverton)
Venue: Winton
Race: 2
Rule No: 869(2)(a)
Judicial Committee: P Knowles, Chairman - N Skelt, Committee Member

Charge:

Following the running of Race # 2 the Goodman Plumbing Ltd Mobile Trot, Stipendiary Steward Mr S Wallis lodged an Information alleging Mr S Kelly... used his whip in an unnecessary manner after the finishing post when driving “CONTINENTAL BOY”.

 

The Information was adjourned sine die at the Wairio meeting and served on Mr Kelly at the Riverton TC meeting on the 3rd November 2013 by Stipendiary Steward Mr SP Renault.

 

Mr Kelly admitted the charge and appeared at the hearing.

 

Evidence:

With the assistance of the video replay, Mr Renault showed the final stages of the race at the Wairio meeting. He pointed out where Mr Kelly had struck the horse twice with his whip approximately 20 m and 30m after the winning post. He said the use of the whip was deemed to be unnecessary. He referred the committee to the Whip Guidelines.

 

Mr Kelly stated the use of the whip was in no way malicious but merely to educate the horse. He stated that approximately 100m from the finish, his horse, which was leading, had ducked inwards into the passing lane. He had immediately corrected the horse’s line but not before causing interference to the second placed runner OUR BUDD.

 

He stated the horse had never been struck with the whip before, but after the post he had used his whip in an attempt to stop the horse running inwards onto OUR BUDD. He said the use of the whip was merely to keep the horse’s mind on the job, as the horse had a few issues with his manners. At a subsequent Protest inquiry his horse had been relegated to second.

 

Decision:

Mr Kelly has admitted the charge and the committee find it proved.

 

Submissions on Penalty:

Mr Renault stated Mr Kelly had a clean record. The Penalty Guide recommended a minimum penalty of either $300 or a six drive suspension. As Mr Kelly had admitted the charge and the use of the whip was not malicious he asked for a fine of $200.

 

Mr Kelly believed he had suffered enough financially already. The loss of the race had cost him a winning stake and asked that a suspension be imposed. He said he had one horse racing and was likely to start that horse at the Wyndham meetings.

 

Reasons for Penalty:

Mr Renault submitted a fine below the minimum guideline penalty. Mr Kelly had impressed upon the committee that he preferred a suspension as opposed to a fine due to financial reasons. However, in our opinion the use of the whip is at the lowest end of the scale and we believe a suspension would be disproportionate to the offence. The committee believes a fine at the lowest end of the scale is appropriate.

 

Mr Kelly was given credit for his early admission of the breach, his excellent record and that he had lost the race and a considerable amount of stake money. We also note that the use of the whip was in no way malicious.

 

Penalty:

Mr Kelly is fined the sum of $150.
 

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