R Rotorua 16 October 2010 - R 4
638(3)(c)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr Williamson
Defendant: Mr J Collett
Information No: 7676
Meeting: Racing Rotorua
Date: 16 October 2010
Venue: Arawa Park
Race: 4
Rule No: 638 (3) (c)
Judicial Committee: R Seabrook, Chairman – A Dooley, Committee Member
Plea: Admitted
Also Present: Mr G Richardson representing Mr J Collett
CHARGES:
Following race 4 an information was filed pursuant to rule 638 (3) (c). The informant Mr Williamson alleged that rounding the home turn Mr Collett struck his mount THE ROSE several times forward of the shoulder with the whip.
FACTS:
Mr George demonstrated the video films which showed Mr Collett striking his mount several times forward of the shoulder and on the higher neck region.
SUBMISSION(s):
Mr Collett said he was having trouble with his mount on the home turn through it hanging out. He said he had both hands on the left reign and gave it a couple of strikes to try and keep his mount straight.
Mr Richardson said there was no malice on Mr Collett’s part and he was merely taking evasive action to survive.
SUBMISSION(s) ON PENALTY:
Mr Williamson said this was Mr Collett’s first charge under this rule and submitted a fine of $400 would be appropriate.
Neither Mr Collett nor Mr Richardson had anything to say regarding penalty.
REASON(s):
Before imposing a correct penalty the committee explained to Mr Collett that the public perception of a rider hitting a horse in the region of its head was not a good look. For that reason the committee deems this charge to be more serious than an excessive whip charge. The committee explained to Mr Collett that the average excessive whip penalty attracts fines of $250. However mitigating factors in this charge are Mr Collett’s admission of the breach, this was his first charge under this rule and he was taking corrective action through his horse hanging.
PENALTY:
After taking all the above facts into account we impose a fine of $350
