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NZ Metro TC 31 July 2020 - R 10 (heard 2 August 2020 at Addington) - Chair, Mr D Anderson



869(2)

Rule Number: 869(2)

Charge: Contravention of the Use of Whip Regulations

Judicial Committee: D J Anderson, Chairman

Respondent: Mr Kerr – Open Driver

Informant: Mr N Ydgren – Chief Stipendiary Steward

Information Number: A13272

Venue: Addington Raceway

Date: 31 July 2020 (heard 2 August 2020 at Addington)

Plea: Admitted

Evidence:

Following the running of Race 10 an information was filed by Chief Stipendiary Steward, Mr N Ydgren, against Licensed Open Driver, Mr M Kerr, alleging that as the driver of KOENIGSEGG in the race, “used his whip on more occasions than permitted by clause (b) of the whip regulations”.

A Hearing was opened, then adjourned, and heard today 2 August 2020.

Mr Kerr 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.

Stipendiary Steward Mr P Williams used the race video to identify Mr Kerr driving (KOENIGSEGG), racing in the lead at approximately the 400 metres. He pointed to Mr Kerr use his whip on 11 occasions from the 400 metres to the finishing post.

Mr Kerr agreed with the alleged number of strikes.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Williams said the strikes were not forceful and that Mr Kerr had a clear record in relation to the rule. In reply to a question from the Committee as to whether Mr Kerr had gained an advantage with his whip use, he stated that in the Stewards' view the horses finishing in a stakes placing were not disadvantaged. He said a fine as per the Penalty Guide would be appropriate.

Mr Kerr had nothing to say in regard to 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 Kerr is fined $200.

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