Thames HRC - 2 July 2010 -
869(2)(a)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr T Taumanu Stipendiary Steward
Defendant: Mr R Downey
Information: 68642
Meeting: Thames Harness Racing Club
Date: 2nd July 2010
Venue: Alexandra Park Raceway
Race: 5
Rule No: 869(2)(a)
Judicial Committee: B Rowe, Chairman – G Jones, Committee Member
Plea: Admitted
Also Present: Mr P Butcher Senior Horseman
CHARGE(S):
Mr Downey used his whip in an unnecessary or excessive manner when driving out MATTY BROGDEN over the concluding stages of the race.
FACTS:
Mr Taumanu showed the video film of the run down the home straight. He said Mr Downey struck his horse about 19 times with the whip, several of them being forceful blows.
Mr Downey said he thought he only struck the horse 15 times.
Mr Butcher said he thought the use of the whip was ‘not pretty’ but not overly excessive.
SUBMISSION(S) ON PENALTY:
Mr Taumanu said Mr Downey had one previous breach of the whip rules in the last 12 months. He said the offending was mid range on the scale of seriousness. He submitted that a fine of $200.00 - $250.00 was appropriate.
Mr Butcher agreed that a fine of that amount was fair.
REASON(S):
The Committee in fixing penalty takes into account the admission of the breach, the previous breach of the rule, the submissions of Mr Taumanu and Mr Butcher and agrees the offending is mid range on the scale of seriousness. The recommended starting point for penalty is a fine of $250.00 or a suspension for one week.
PENALTY:
Balancing the above matters but in particular taking into account the previous breach, a fine of $250.00 is imposed.
B Rowe G Jones
Chairman Committee Member
6864
