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NZ Metro TC 7 August 2020 - R 7 - Chair, Mr S Ching

Created on 10 August 2020

Committee:
SChing (chair)
Name(s):
K Newman-Licensed Junior Horseman
J Dunn-Open Horseman
Informant
N Ydgren-Chief Stipendiary Steward
Information Number
A13276
Plea:
Admitted
Charge:
Contravention of the use of the whip regulations
Evidence:

Following the running of Race 7, the Trackside Dining At Addington Mobile Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Junior Horseman, Mr K Newman, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.

Rule 869(2) reads as follows:

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

Whip Regulation (b) reads as follows:

(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 Newman had endorsed the information that the breach was admitted which he confirmed at the hearing. Mr Newman also acknowledged that he understood the provisions of the charge and the rule it was brought under. Mr Newman was assisted at the hearing by Open Horseman, Mr J Dunn.

Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr Newman, driving STARS TONIGHT, positions 3 wide and improving, passing the 400m. Inside the 400m Mr Newman drew the whip and used it on 11 occasions prior to the finish line.

Mr Newman and Mr Dunn did not dispute the number of strikes.

Decision:

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

Submission For Penalty:

Mr Ydgren stated that Mr Newman had a clear record in regard to this rule over the prior 6 months. Mr Ydgren stated that the JCA Penalty Guide provides for a $200 fine on the sliding scale for a first offence breach of this rule for 11 to 13 strikes. He submitted that a penalty in line with the sliding scale be considered as penalty.

Mr Newman elected to make no submissions in regard to penalty.

Reasons For Penalty:

The JCA Penalty Guide provides a $200 fine, mitigation inclusive, on the sliding scale for a first offence of this rule where the strikes are 11 to 13. We deemed that there were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a fine of $200, as per the sliding scale for a low range breach, was an appropriate penalty in this case.

Penalty:

Accordingly, Mr Newman is fined the sum of $200.

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