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Forbury Park TC 5 August 2018 - R 8 - Chair, Prof G Hall

Created on 06 August 2018

Rules:
869(2)(b)
Committee:
GHall (chair)
Name(s):
Ms C Purvis - Junior Horsewoman
Mr B Williamson - Open Horseman
assisting Ms Purvis
Mr Wallis - Stipendiary Steward
Informant
Mr V Munro - Stipendiary Steward
Information Number
A10529
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Mr Munro, Stipendiary Steward, alleged that Ms Purvis used her whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on her drive ALEXY in race 8, the NEXT RACEMEETING 2ND SEPTEMBER 2018 MOBILE PACE.

Rule 869 provides as follows:

(2) No horsewoman 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 horsewoman 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 Wallis identified ALEXY on the videos and Mr Munro counted the number of strikes. This showed that Ms Purvis had used her whip 12 times in the last 400 metres. He noted there was a pause when the respondent activated the gear but otherwise many of the strikes were in quick succession.

Ms Purvis explained that she had been counting but believed she had started counting too late, hence the breach. Both she and Mr Williamson emphasised that the strikes were not overly strong, particularly the four before the gear was activated. The reins and the whip were being used at this time.

Mr Williamson said at times the whip was being pushed through the tail and Ms Purvis just needed to use the reins at this time to avoid being in breach. Mr Williamson also stated that while he agreed with the count, Ms Purvis had been trying to do other things to encourage her horse other than just using the whip.

Decision:

As Ms Purvis has admitted the breach, it is found to be proved.

Submission For Penalty:

Mr Munro produced Ms Purvis’ record. She had 147 drives last season, which was her first.

Reasons For Penalty:

The penalty is determined by a sliding scale. Where it is a second offence, it is 3 drives. The count for Ms Purvis is 12 strikes. She agrees that this is the number. This is Ms Purvis’ second breach of this rule since the regulations came into force on 30 November. Her first breach was here at Forbury Park only last week when she was fined $300.

The starting point is 3 days. The breach itself is at the lower end. Other than the previous breach, which is built into the starting point, there are no other aggravating factors of the breach, although the rapidity of her being again in breach of the whip rule has been raised with Ms Purvis, who is a busy junior driver. The starting point remains at 3 days.

Penalty:

Ms Purvis has not requested a deferment. Ms Purvis is suspended from the end of racing today up to and including 17 August. This is 3 days. Ms Purvis is reminded of her professional obligations.

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