Timaru HRC - 16 May 2010 - R 2

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr N. G. McIntyre – Stipendiary Steward

Defendant:  Mr B. A. Rennie – Graduation Horseman

Information No:  68801

Meeting:  Timaru Harness Racing Club

Date:  16 May 2010

Venue:  Phar Lap Raceway

Race 2:  Northtown Nutrition Mobile Pace

Rule:  869(2)(a)

Judicial Committee:  J. M Phelan, Chairman - S. C. Ching, Committee Member

Plea:  Admitted

Charge:

Following the running of Race 2, the Northtown Nutrition Mobile Pace, an information was filed by Stipendiary Steward Mr N. G. McIntyre against Mr B. A. Rennie, the driver of “Rurik” (14), alleging that he had committed a breach of Rule 869(2)(a).     

The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that B. Rennie (Rurik) used the whip  excessively on Rurik in the run home.”

Rule 869(2)(a) reads as follows.

“(2) No horseman shall during any race:-

(a)     use his whip in an unnecessary, excessive

or improper manner.”

Facts:

Mr Rennie had indicated on the information that he admitted this breach of the Rules and he confirmed this at the hearing. Mr Rennie also agreed that he understood the nature of the charge and the Rule it was brought under.   

Mr McIntyre gave evidence and used video coverage to show that Mr Rennie had used his whip on about 26 occasions in the home straight. 

Mr Rennie said that he was aware of the “Use of Whip” guidelines.  He also said that  all strikes with his whip had been on the dust sheet, but agreed that this did not excuse his actions.

Decision:

As Mr Rennie had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submissions on Penalty:

Mr McIntyre advised that Mr Rennie had no previous convictions under this Rule and that as he had admitted the breach and shown remorse a fine of $200-00 would be appropriate in this case.

Mr Rennie had no submissions to make with regard to penalty.

Reasons:

We were satisfied that the fine recommended by Mr McIntyre was appropriate, and in line with other penalties imposed for similar breaches.

Penalty:

After considering the matter we advised the parties that Mr Rennie was fined the sum of $200-00.

J. M. Phelan                             S. C. Ching

CHAIR                                     Committee Member

68801