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Forbury Park TC 5 August 2018 - R 2 - Chair, Prof G Hall

Created on 06 August 2018

Rules:
869(2)(b)
Committee:
GHall (chair)
Name(s):
Mr B McLellan - Open Horseman
Mr Wallis - Stipendiary Steward
Informant
Mr V Munro - Stipendiary Steward
Information Number
A10528
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Mr Munro, Stipendiary Steward, alleged that Mr McLellan used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive LAST HARAH in race 2, the FORBURY PARK SPORTS BAR 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 McLellan indicated on the information that he admitted the breach and did not wish to be present at the hearing.

Mr Wallis, stipendiary steward, demonstrated the alleged breach on the videos. He pointed out that Mr McLellan had used his whip 12 times in the last 400 metres.

Mr Munro stated that the strikes commenced when the respondent pushed out at about the 200 metres and he agreed with the Committee that there was the odd pause. He said that Mr McLellan had said when questioned by the Stewards that he was surprised the count had got to 12 strikes.

Decision:

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

Submission For Penalty:

Mr Munro produced the respondent’s record. Mr McLellan has had 148 drives last season, and 156 the season before. Mr McLellan has a clear record under this rule.

Reasons For Penalty:

The count for Mr McLellan is 12. He agrees that this is the number. The Penalty Guide provides a $200 fine where the number of strikes is between 11 and 13 and the respondent has a clear record. There are no aggravating or mitigating factors that require an adjustment to this starting point.

Penalty:

Mr McLellan is fined the sum of $200.

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