Taranaki TC 18 April 2010 - R 2
869(2)(a)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr J Muirhead - Stipendiary Steward
Defendant: Mr B Towers - Licenced Driver
Information No: 68522
Meeting: Taranaki Trotting Club
Date: 18 April 2010
Venue: New Plymouth
Race: 2
Rule No: 869(2)(a)
Judicial Committee: I Smith, Chairman – P Williams, Committee Member
FACTS:
Following the running of race 2 information 68522 was filed by Stipendiary Steward Mr J Muirhead against Mr B Towers alleging a breach of rule 869(2)(a). The information stated that “horseman B Towers used his whip excessively on KAIPARA ROCKET over the concluding stages of the race”.
Rule 869(2)(a) states – “No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
Mr Towers indicated he admitted the breach. He also agreed he understood the charge and the rule it was laid under. As the breach of the rule was admitted the charge was proven.
SUBMISSIONS:
Mr Muirhead used the film of the race to show the incident. He pointed out that Mr Towers was the widest on the track entering the home straight and from approximately the 300m point to the finish line he struck his horse between 22 and 24 times.
Mr Towers said he was frustrated at being so wide on the course coming into the home straight but admitted that he had struck the horse as described by Mr Muirhead.
SUBMISSIONS ON PENALTY:
Stipendiary Steward Mr Taumanu said Mr Towers had not been charged under this rule in the previous 12 months and said he was seeking a fine in the region of $200.
Mr Towers made no submissions on penalty other than to say he was not a rich man.
REASONS:
The Committee is satisfied after viewing the film of the final 300m of the race that Mr Towers did breach rule 869(2)(a) and used his whip excessively on KAIPARA ROCKET and struck the horse between 22 and 24 times in the home straight. We have taken into account Mr Towers admittance of the breach, his excellent driving record in relation to this rule and the penalties that have been imposed within the last 12 months under this rule.
PENALTY:
We are satisfied, in this case that a fine of $200 is appropriate and Mr Towers is fined $200.
I Smith P Williams
Chair Committee Member
68522
