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NZ Metro TC 7 August 2020 - R 9 - Chair, Mr S Ching

Created on 10 August 2020

Committee:
SChing (chair)
Name(s):
T Williams-Licensed Open Horseman
Informant
N Ydgren-Chief Stipendiary Steward
Information Number
A13277
Plea:
Admitted
Charge:
Contravention of the use of the whip regulations
Evidence:

Following Race 9, the First Direct Taxis mobile Pace, an information was lodged against Licensed Open Horseman, Mr T Williams, alleging a breach of Rule 869(2) in that he used his whip on more occasions than is permitted inside the final 400m.

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 Williams confirmed that he admitted the charge and understood the rule it was brought under.

Mr Ydgren gave evidence to show that Mr Williams driving DOWN TO THE BONE, was positioned three wide and in contention as the field passed the 400m and into the final straight. Shortly after entering the straight, Mr Williams, drew the whip and used it on 12 occasions prior to the line.

Mr Williams did not dispute the number of strikes.

Decision:

The charge was found proved.

Submission For Penalty:

Mr Ydgren stated that Mr Williams had a clear record in relation to the rule over the previous 6 months. He said that the breach was low level with the JCA Penalty Guide provides a sliding scale penalty of a $200 fine for a first offence where the strikes are 11-13. Mr Ydgren submitted that a fine, as per the sliding scale, be considered as penalty in this case.

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

Reasons For Penalty:

The Penalty Guide provides a $200 fine on the sliding scale, mitigation inclusive, for a low level first offence of this rule. We determined that the breach was low level and that there were no aggravating factors to consider, therefore, no uplift in penalty warranted.

We therefore determined that a $200 was an appropriate fine in this case.

Penalty:

Mr Williams is fined the sum of $200.

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