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05 Sep 2019
Harness-Racing-Waikato - R3

Waikato BOP H 5 September 2019 - R 3 - Chair, B J Scott

Created on 09 September 2019

Committee:
BScott (chair)
GJones
Name(s):
Mr L Whittaker - Junior Driver
Informant
Mr S Mulcay - Senior Stipendiary Steward
Information Number
A12214
Plea:
Admitted
Charge:
Contravention of the use of the Whip regulations
Evidence:

Following the running of the AMBER GARDEN CENTRE MOBILE PACE an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against Junior Driver Mr L Whittaker alleging that when driving MAJOR RAGE he used his whip on more occasions than permitted under clause (b) of the Use of Whip Regulations.

Clause (b) of the Regulations provides: 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 Whittaker was not present at the Hearing. He had endorsed the Information to say that he admitted the breach and that he did not wish to be present at the Hearing. Mr Mulcay  told the Committee that Mr Whittaker had been advised by a Senior Horseman before admitting the breach. 

Mr Mulcay demonstrated the incident by use of the race films. He showed where Mr Whittaker had his horse in the one/one position coming into the straight and he worked to the front at the top of the straight. He showed where Mr Whittaker used his whip 11 times prior to the winning post.

Decision:

The breach is admitted and therefore the charge is proved.

Submission For Penalty:

Mr Mulcay said that Mr Whittaker had a clear record under this Rule. He said that the number of strikes meant that Mr Whittaker was one strike over the allowable level and he said that the appropriate penalty for that was a fine of $200.00.

Reasons For Penalty:

The  starting point penalty under the Use of Whip Guidelines for 11-13 strikes is a fine for a first offence of $200.00.

In this instance Mr Whittaker was one strike over and therefore the appropriate penalty is a fine of $200.00.

Penalty:

This Committee imposes a fine of $200.00 on Mr Whittaker.

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