Rangiora HRC - 15 June 2010 - R 8
869(2)(a)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: K R Williams, Stipendiary Steward
Defendant: M F Maynard, Licensed Advanced Amateur Driver
Information No: 68975
Meeting: Rangiora Harness Racing Club
Date: 15 June 2010
Venue: Addington Raceway, Christchurch
Race: 8
Rule No: 869 (2) (a)
Judicial Committee: R G McKenzie, Chairman - S C Ching, Committee Member
Plea: Not Admitted
Also present:
FACTS:
Following the running of Race 8, 3 TAB’S Bishopdale-Bush Inn-Holy Grail Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Advanced Amateur Driver, Mr M F Maynard, alleging a breach of Rule 869 (2) (a) in that Mr Maynard as the driver of SIR RON in the race, “used his whip in an unnecessary manner on a beaten runner”.
Mr Maynard was present at the hearing of the information and he indicated that he did not admit the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
SUBMISSIONS:
Mrs Williams showed video replays of the final 200-300 metres of the race. She pointed out Mr Maynard driving SIR RON in last placing, and 4-wide, as the field entered the home straight. She then pointed out Mr Maynard use his whip on the horse on, she alleged, 14 occasions. The horse had not made any significant ground and was never likely to run into the first six placings. The horse finished in 9th placing in the 11-horse field, a considerable distance from the first four placegetters. While the force used was not great, the appearance of the whip being used on “a well and truly beaten runner” did not look good.
Mr Maynard stated that the horse was “not a trier”. He had used the whip on it. There was a horse in front of it and wanted the horse to “go to the line trying” rather than be a “bludger”. The horse was doing its best work at the finish and did make up ground on the horse in front (SCOTT IT). He did not deny using the whip on 14 occasions.
Mr Maynard agreed, in response to a question from the Chairman, that the horse was an obviously beaten runner in the final stages of the race.
REASONS:
The matters put forward by Mr Maynard by way of a defence to the charge were, in the Committee’s view, verging on the frivolous. He used his whip 14 times on SIR RON, which had been in last or second-last position turning for home. The horse finished in 3rd last placing. It is fair to deduce that the horse was an “obviously beaten runner”. In fact, Mr Maynard freely acknowledged that fact. The guidelines provide that to use the whip in those circumstances is unnecessary use of the whip and, furthermore, is quite unacceptable. The Committee had no difficulty finding, in this case, that Mr Maynard used his whip in an unnecessary manner.
DECISION:
The charge was found proved.
SUBMISSIONS ON PENALTY:
Mrs Williams said that she believed that there were three more meetings at which a race for amateur drivers was to be held between today and the end of the season. She submitted that an appropriate penalty would be a suspension until the end of the current racing season – in line with the penalty imposed earlier on Mr Lilley for a breach of the whip Rule.
Mr Maynard urged the Committee to consider a shorter period of suspension. He suggested a suspension for two of the remaining three meetings.
REASONS:
The Committee was satisfied that a term of suspension was an appropriate penalty in the circumstances of the case. The maximum penalty that could be imposed by way of a suspension was a suspension to the end of the current season. Anything less than that would be an inadequate penalty for the particular breach. The Committee saw the need for consistency in dealing with penalty and had regard to the penalty imposed on Mr Lilley.
PENALTY:
Mr Maynard’s Advanced Amateur Driver’s Licence was suspended from after the close of racing on this raceday up to an including 31 July 2010 which period will encompass, we believe, a maximum of 3 race drives for Mr Maynard.
R G McKenzie S C Ching
Chairman Committee Member
68975
