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02 Sep 2018
Forbury-Park-Tc - R 3

Forbury Park TC 2 September 2018 - R 3 - Chair, Prof G Hall

Created on 03 September 2018

Committee:
GHall (chair)
Name(s):
Mr A Armour - Open Horseman
Informant
Mr V Munro - Stipendiary Steward
Information Number
A10538
Plea:
Admitted
Charge:
Excessive use of whip
Evidence:

Mr Munro, Stipendiary Steward, alleged that Mr Armour used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive HAPPY STYX in race 3, the FORBURY PARK SPORTS BAR MOBILE PACE.

Rule 869 provides as follows:
(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.

The Use of the Whip Regulations provide:
(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 Armour admitted the breach and was present at the hearing.
Mr Munro, Stipendiary Steward, demonstrated the alleged breach on the videos. Mr Armour was three back on the fence approaching the 400 metres. After activating gear, Mr Armour used his whip 15 times in the last 400 metres. Mr Munro said the hits were continuous until the 60 metres.

Mr Armour stated that he had tried to break the strikes up and said there was the odd pause. It was not just “bang, bang, bang”.

Decision:

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

Submission For Penalty:

Mr Munro produced the respondent’s record. Mr Armour has had 4 drives this season, 43 drives last season, and 12 the season before. Mr Armour has a clear record under this rule.

Mr Munro submitted a fine of $300 was appropriate.

Mr Armour requested that the Committee consider a fine and a suspension.

Mr Munro replied that the RIU would oppose a split penalty and that the appropriate penalty was a fine.

Reasons For Penalty:

The count for Mr Armour is 15. He agrees that this is the number. There is some attempt to break up the strikes rounding the bend, but otherwise the strikes are continuous until the 60 metres.

The Penalty Guide provides for a $300 fine where the number of strikes is between 14 and 16 (mid-range) and the respondent has a clear record. There are no aggravating or mitigating factors that require an adjustment to this starting point.

Mr Armour was informed unless there were exceptional circumstances, in the interests of consistency, the penalty for a first breach was a fine in the amount indicated by the guidelines. Mr Armour acknowledged that other than the family having one income as his wife was on maternity leave, there were none.

Penalty:

Mr Armour is fined the sum of $300.

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