Timaru HRC - 2 May 2010 - R 10

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr N M Ydgren – Stipendiary Steward

Defendant:  Mr G Shand – Open Horseman

Information No:  68843

Meeting:  Timaru Harness Racing Club

Date:  2 May 2010

Venue:  Phar Lap Raceway

Race:  10 – Speights Mobile Pace

Rule No:  869(2)(a)

Judicial Committee:  J M Phelan, Chairman – K G Hales, Committee Member 

Plea:  Admitted

Charge:

Following the running of Race 10, the Speights Mobile Pace, an information was filed by Stipendiary Steward Mr N. M. Ydgren, against Mr G. A. Shand, the driver of “Mighty Memories” (3), 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 G. A. Shand (Mighty Memories) used his whip  excessively 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 Shand had indicated on the information that he admitted this breach of the Rules and he confirmed this at the hearing. Mr Shand also agreed that he understood the nature of the charge and the Rule it was brought under.  

Mr Ydgren gave evidence and used video coverage to show that Mr Shand had used his whip on about 28 occasions in the home straight, and that this use was continuous. 

Mr Shand said that he was aware of the “Use of Whip” guidelines, although, without wanting to excuse his actions, he said that all strikes with his whip had been on the sulky shaft.

Submissions on Penalty:

Mr Ydgren advised that Mr Shand had one previous conviction under this Rule at Roxburgh on 4 January 2010 when he had been fined $200-00.  Mr Ydgren made submissions that a fine of between $300-00 and $400-00 would be appropriate in this case.

It was discussed as to whether or not Mr Shand would prefer a suspension to a fine, but he advised that he preferred a fine.

Mr Shand made submissions that he only drove his own horses, and that he had two racing at the moment.

Reasons:

We adjourned to consider the matter of penalty.  We were satisfied that a fine in the range referred to by Mr Ydgren was appropriate.  We took into account that Mr Shand had admitted the breach, and decided that a fine of $300-00 was appropriate in this case.

Penalty:

On returning to the Enquiry Room we advised the parties that Mr Shand was fined the sum of $300-00.

J. M. Phelan                             K. G. Hales

CHAIR                                     Committee Member

68843