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Ashburton TC 24 December 2019 - R 8 - Chair, Mr S Ching

Created on 27 December 2019

SChing (chair)
Mr J Cox - Licensed Open Horseman
Mr N Ydgren - Chief Stipendiary Steward
Information Number
Contravention of the Use of Whip Regulations

Following the running of Race 8, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr J Cox, 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 Cox had endorsed the Information that the breach was admitted which he confirmed at the hearing. Mr Cox also acknowledged that he understood the charge and the rule it was brought under.

Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr Cox, driving DYNAMITE, positioned in a 3 wide, 2 back position passing the 400m. Inside the 300m Mr Cox, when improving forward, drew the whip and used it on 12-13 occasions prior to the line.

Mr Cox did not dispute the number of strikes.


As Mr Cox 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 Cox had previous breaches of this Rule within the previous six months, being on 30 August 2019 at Addington where he received a $200 fine and a 4-day suspension for a subsequent breach at Geraldine on 23 November 2019. He stated that the JCA Penalty Guide provides for a 3 to 5-day suspension for a second or subsequent breach of this rule within a 6-month period. Mr Ydgren stated that the breach was low-level and as this was Mr Cox’s 3rd breach within the 6 month reset period submitted that an uplift on the previous penalty of 4 days be considered as penalty.

Mr Cox stated that he had declared drives at Gore on 27 December and requested that any suspension start immediately after that date. He added that he did not seek a deferment of penalty for any upcoming meetings over the next 7 days.

Reasons For Penalty:

The JCA Penalty Guide provides a 3 to 5-day suspension for a second or subsequent breach of this rule within a 6-month period, mitigation inclusive. This Committee also assessed the breach as low level and therefore adopted a 3-day starting point. The only aggravating factor was Mr Cox’s record which showed that this was the 3rd breach since 30 August 2019, which warranted an uplift in penalty. This uplift we set at 2 days. We therefore determined that a 5-day suspension was an appropriate penalty in this case.


Accordingly, Mr Cox’s Horseman’s Licence is suspended from the conclusion of racing 27 December, after the Gore meeting, up to and including 3 January 2020. Relevant meetings encompassed in this period of suspension are Banks Peninsula on 29 December, Winton on 31 December, Omakau on 2 January, Rangiora on 3 January and Roxburgh on 4 January 2020. 

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