Timaru HRC 16 May 2010 - R 3 (heard at Ashburton on 18 May 2010)
869 (2) (a)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N G McIntyre, Stipendiary Steward
Defendant: K G Coutts, Licensed Open Driver
Information No: 68954
Meeting: Timaru Harness Racing Club
Date: 16 May 2010
Venue: Phar Lap Raceway, Washdyke
Race: 3
Rule No: 869 (2) (a)
Judicial Committee: R G McKenzie, Chairman – J Millar, Committee Member
Plea: Admitted
THE CHARGE:
Following the running of Race 3, Norfolk Motors Mobile Pace, Information No. 68954 was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Driver, Mr K G Coutts, alleging a breach of Rule 869 (2) (a) in that Mr Coutts “used his whip unnecessarily on BELLA’S LAD a beaten runner (finished 9th)”.
The information was filed with the Registrar on the raceday, was served on Mr Coutts at the meeting of Ashburton Trotting Club at Addington Raceway on 18 May 2010, and was heard at that meting.
Mr Coutts had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
FACTS:
Mr McIntyre showed a video replay of the final 300-400 metres of the Race. He pointed out Mr Coutts on BELLA’S LAD trailing the leader entering the straight. At that point, BELLA’S LAD began to give ground. Mr Coutts began using his whip and continued to use it after the horse was clearly beaten and had been passed by at least six other runners. From the point at which the horse was clearly beaten, Mr McIntyre alleged, Mr Coutts used his whip on a further 9 or 10 occasions. The horse finished in 9th placing, some 19 lengths from the winner.
DECISION:
The charge was found proved.
SUBMISSIONS ON PENALTY:
Mr McIntyre informed the Committee that Mr Coutts had been very “remorseful” when spoken to by the Stewards. Mr Coutts had no recent breaches of the Rule and Mr McIntyre recommended fine of $200.
REASONS:
The Committee, in determining penalty, took into account Mr Coutts’ admission of the breach and his previous good record.
PENALTY:
Mr Coutts was fined the sum of $200.
R G McKenzie J Millar
CHAIR Committee Member
68954
