Invercargill HRC 25 February 2022 – R1 – Kelvin Franks

ID: RIB7565

Respondent(s):
Kelvin Franks - Driver

Applicant:
Mr V Munro - Stipendiary Steward

Adjudicators:
Mr N Skelt

Persons Present:
Mr Munro and Mr Franks

Information Number:
A16034

Decision Type:
Adjudicative Decision

Charge:
Whip and rein regulations

Rule(s):
869(2) - Used whip free of the rein

Plea:
Admitted

Animal Name:
ACTION PACKED

Code:
Harness

Race Date:
25/02/2022

Race Club:
Invercargill Harness Racing Club

Race Location:
Ascot Park Raceway - 29 Findlay Road, Ascot, Invercargill, 9810

Race Number:
R1

Hearing Date:
25/02/2022

Hearing Location:
Ascot Park Racecourse

Outcome: Proved

Penalty: Driver Kelvin Franks was fined the sum of $200

SUMMARY OF FACTS:

At the conclusion of Race 2 the WWW.SOUTHERNHARNESS.CO.NZ MOBILE TROT Information A16034 was lodged by Stipendiary Steward Mr V Munro alleging that Mr K Franks (ACTION PACKED) used his whip free of the rein twice over the concluding stages.

Mr Franks was present at the hearing and confirmed he understood the Rule and admitted the breach.

EVIDENCE:

Mr Munro used the video footage of the concluding stages of the race highlighting Mr Franks using his whip free of the rein twice over the last 60 metres of the race.

Mr Franks agreed with Mr Munro’s summation.

Rule 869 (2) reads… No driver shall during any race use a whip in a manner in contravention of the use of the whip regulations made by the board.

REASON FOR DECISION:

Mr Franks having admitted the charge it was found proved.

SUBMISSION FOR PENALTY:

Mr Munro stated that Mr Franks has had 271 life time drives, he was not licensed last season, and has had 5 drives this season. Mr Munro added that Mr Franks was a hobby, owner, Trainer, Driver.

Mr Franks had no submissions on penalty.

REASONS FOR PENALTY:

The Penalty Guidelines under this Rule for a first offence recommend a fine of $200; in this instance there are no mitigating or aggravating factors.

CONCLUSIONS:

Mr Franks was fined the sum of $200.

Decision Date: 25/02/2022

Publish Date: 28/02/2022