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Manawatu HRC 16 February 2021 - R 4 - Chair, Mr N McCutcheon

Created on 20 February 2021

Committee:
NMcCutcheon (chair)
Name(s):
Mr K Marshall - Driver of BOULTON HOME
Informant
Mr S Mulcay - Senior Stipendiary Steward
Information Number
A10291
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the run of Race 4, (Andre Poutama Racing Stables Mobile Pace), Information A10201 was filed with the Judicial Committee. It was alleged that Mr Marshall used his whip with more than a wrist-only flicking action in the run home.

Mr Marshall said that he understood the Rule, Charge and confirmed that he admitted the breach.

Mr Mulcay showed film replays and said that early in the run home, Mr Marshall could be seen to be clearly using his whip in much more than a flicking motion and was actually lifting his whip arm relatively high.

Mr Marshall said that he agreed with the Stipendiary Steward’s submission.

Decision:

As the charge was admitted it was found proved.

Submission For Penalty:

Mr Mulcay said that Mr Marshall had been fined $200 on 14 January 2021 for his whip use and had received a number of warnings. He placed the whip use in mid-range and said that a term of suspension was in order.

Mr Marshall said that he did not want a fine and suspension of his Licence could start immediately.

Reasons For Penalty:

The film evidence was crystal clear that Mr Marshall used his whip in excess of a wrist-flicking action only. As this was Mr Marshall’s second whip charge in a short period of time a term of suspension was considered to be the appropriate penalty.

Penalty:

Taking into account the JCA Penalty Guide it was determined that Mr Marshall’s Driver's Licence be suspended from 16 February to 23 February 2021 inclusive (3 days).

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