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NZ Metro TC 2 August 2020 - R 1 - Chair, Mr D Anderson

Created on 04 August 2020

Rules:
869(2)
Committee:
DAnderson (chair)
Name(s):
Mr A Fitzgerald - Amateur Driver
Informant
Mr P Williams - Stipendiary Steward
Information Number
A13274
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of race 1 an information was filed by Stipendiary Steward, Mr P Williams, against Amateur Driver, Mr A Fitzgerald, alleging that as the driver of JENABELLA in the race, “used his whip on more occasions than permitted by clause (b) of the whip regulations”.

Mr Fitzgerald had signed the Information admitting the breach and stated he was conversant with the whip regulations.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.

The Use of Whip Regulations (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Williams used the race video to identify Mr Fitzgerald driving (12) JENABELLA, racing in 6th place and 4 wide at approximately the 400 metres. He pointed to Mr Fitzgerald use his whip on 11 occasions from the 400 metres to the finishing post.

Mr Fitzgerald stated he didn’t agree with the rule but agreed with the alleged number of strikes.

Decision:

As Mr Fitzgerald admitted the breach the charge was found proved.

Submission For Penalty:

Mr Williams said Mr Fitzgerald had a clear record under the rule and saw no reason to depart from the penalty guidelines in this case.

Mr Fitzgerald had no submissions to make on penalty.

Reasons For Penalty:

The JCA Penalty Guide provides a fine of $200 for a breach of the rule involving 11 to 13 strikes mitigation inclusive.

There are no aggravating factors to consider.

Penalty:

Accordingly, Mr Fitzgerald is fined $200.  

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