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Non Raceday Inquiry RIU v E Swain - Decision dated 17 November 2019 - Chair, Prof G Hall

Created on 20 November 2019


Name: Mr E Swain - Licensed Open Driver

Informant: Miss R Haley - Stipendiary Steward

Information No: A11439

Meeting: Tuapeka HRC

Race No: 8

Date: 27 October 2019 (heard at Wyndham on 17 November 2019)

Judicial Committee: Prof G Hall (Chairman), Mr P Knowles (Committee Member)

Rule: 869(2) and Use of the Whip Regulations

Also Present: Mr V Munro, Stipendiary Steward

Plea: Admitted

Charge: Excessive Use of the Whip



Stipendiary Steward, Miss Haley, alleged that Mr Swain, the driver of DELIGHT N GOLD in race 8 used his whip on more occasions than is permitted by the Use of the Whip regulations.

The matter was heard as a non-raceday hearing at Wyndham racecourse on 17 November.

Mr Munro, Stipendiary Steward, demonstrated on the race films that the respondent, who was near the rear of the field at the 400 metres, improved down the outside of the track in the last 250 to 300 metres. Miss Haley alleged that Mr Swain used his whip 12 times. He agreed with this count.


As Mr Swain has admitted the breach, the breach is found to be proved.

Penalty Submissions

Miss Haley produced Mr Swain’s record. Mr Swain has had 2243 lifetime drives, 29 drives last season and only 6 this season. His record is clear under this rule.

Reason for Decision

The breach is low-range. The Penalty Guide provides a penalty for a first breach of $200 in these circumstances.


Mr Swain is fined the sum of $200.

Prof G Hall, Chairman

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