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14 Jan 2021
Harness-Racing-Waikato - R2

Waikato BOP Harness 14 January 2021 - R 2 - Chair, Mr A Godsalve

Created on 15 January 2021

Rules:

869(2)and Whip & Rein Regulations

Committee:

AGodsalve (chair)

Name(s):

Mr K Marshall - Open Driver

Informant

Mr S Mulcay - Senior Stipendiary Steward

Information Number

A11112

Plea:

Admitted

Charge:

Contravention of the Use of Whip Regulations

Evidence:

Subsequent to the running of Race 2, Mr Mulcay submitted an Information in which he alleged Open Driver, Mr K Marshall 'was in breach of Rule 869(2) when using his whip with more than a wrist flicking motion in the run home'.

Mr Marshall was present at the hearing and acknowledged that:

(a) He understood the Rule and Regulations, and;

(b) He admitted the breach.

Rule 869(2) provides that 'No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board'.

The Whip & Rein Regulations state:

3.1. A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

3.2. For the purposes of clause 3.1 ' rist only flicking motion' means-

3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

3.2.2 The forearm is not raised beyond 45 degrees relative to the racing surface.

3.2.3 Not applying the whip with overt force.

Using the films Mr Mulcay identified the horse SUIDELIKE MAJOR, driven by Mr Marshall as the field entered the final straight. The horse was in a 3 wide position and Mr Marshall commenced to drive the horse out to the finish. Mr Mulcay pointed out that Mr Marshall had used his whip 5 times with more than a wrist flicking action. SUIDELIKE MAJOR finished in 2nd placing.

Mr Marshall had nothing to add.

Decision:

As the breach is admitted the charge is proved.

Submission For Penalty:

Mr Mulcay stated that Mr Marshall had not previously breached this Rule. He added that given that Mr Marshall had admitted the breach, and that Stewards felt it was at the lower level, he said a fine of $200 may be an appropriate penalty.

Mr Marshall had nothing to say on a likely penalty.

Reasons For Penalty:

The JCA Penalty Guide suggests that where the breach is at the lower level a fine of between $200-$400 may be considered if the Respondent has no prior breaches. The Committee deemed that the breach was at the lowest level and determined to fine Mr Marshall accordingly.

Penalty:

A fine of $200 was imposed on Mr Marshall.