As Harness Racing New Zealand produces stewards reports for every race meeting, we thought we would provide the background to a lot of those decisions they report.                                     

                                                              Judicial Control Authority

Breach of rule 869(2) (A)

Committee: ADooley (chair) – GJones

Name(s):
Mr J Abernethy – Open Horseman

Informant – Mr S Mulcay – Stipendiary Steward

Information Number – A7411

Plea: – Admitted

Charge: – Excessive use of the whip

Evidence:

Following the running of race 2, Waste Management Mobile Pace 2700m, an Information was filed pursuant to Rule 869(2) (a).

The Informant, Mr Mulcay, alleged that Mr J Abernethy used his whip excessively driving FieryLustre  over the final stages.

Mr Abernethy endorsed the information “I do admit the breach” and I wish to be present at the hearing.

The use of whip guidelines provide that [R 869 (2) (a)]:

“No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.

Mr Mulcay demonstrated the incident by way of available back and side-on video footage.

He told the Committee that Mr Abernethy’s use of the whip was excessive and continuous, therefore outside the whip guidelines.

Using the video footage he demonstrated that Mr Abernethy used his whip continuously with 20 strikes from the 250 metres without any discernible pause.

Mr Abernethy told the Committee that he agreed with the Steward's assessment of the breach.

However, Mr Abernethy pointed out that he did pause once near the top of the straight after which he acknowledged striking his drive continuously 17 times.

He added that although it is no excuse his horse Fiery Lustre is inclined to be lazy.

Decision:

As Mr Abernethy admitted the breach we find the charge proved.

Submission For Penalty:

Mr Mulcay submitted that Mr Abernethy does not have a good record and this breach represents his 5th within the past 12 months, the most recent being on 15 March 2015 which attracted a $550 fine.

Mr Mulcay submitted that the JCA guidelines establish a starting point of 10 drives or $500 for a second breach of this rule, and Stewards submit a 3 day suspension for this breach.

Mr Abernethy conceded given his record a suspension was inevitable and asked the Committee to consider a combination of a fine and suspension. He was anticipating taking a team of horses to the Easter Hawera 2 day meeting and would like the opportunity to drive at least on the second day of the meeting.

Mr Abernethy submitted that he would expect to have a full book of drives at Hawera.

In response to a question from the Committee, Mr Abernethy sought a deferment to any penalty to enable him to drive at the Manawatu meeting on 29 March 2015 and any proposed suspension could commence after that date.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

In addition the Committee noted the video evidence which indicated that Mr Abernethy used his whip at least 18 times in the home straight without respite.

The only mitigating fact was Mr Abernethy’s admission of the breach.

The Committee has taken into account the Penalty Guidelines for Committees as well as recent penalties for similar breaches.

This is Mr Abernethy 5th breach of this particular rule in the last 12 months which constitutes a very poor record.

It is exacerbated by the fact his last breach of this rule was no more than 2 weeks ago.

It is of concern to the Committee that the $550 fine imposed for the previous breach did not have a deterrent effect.

Accordingly, the Committee believes that a penalty uplift is necessary.

The Committee gave due consideration to Mr Abernethy’s submissions in relation to the forthcoming Hawera meeting and balanced that against the need to impose a penalty commensurate with the breach itself and Mr Abernethy’s poor record.

Accordingly, we believe that a combination of fine and suspension is appropriate under these circumstances.

Penalty:

We impose a 2 day suspension and in addition a $300 fine on Mr Abernethy. The suspension will commence after racing on 29 March at Palmerston North and conclude after racing on 4 April 2015. This encompasses 2 April at Cambridge and 4 April at Hawera.

Judicial Control Authority