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NZ Metropolitan TC 17 September 2020 - R 10 - (heard 20 September 2020 at Oamaru) - Chair, Prof G Hall -



869(2)

RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr S Renault - Stipendiary Steward
Respondent: Mr J Cox – Open Driver
Information No: A13196
Meeting: NZ Metropolitan Trotting Club
Date: 17 September 2020 (heard 20 September 2020 at Oamaru)
Venue: Addington
Race: 10
Rule No: 869(2) – Contravention of Use of the Whip Regulations
Judicial Committee: Prof G Hall, Chairman, - Mr P Knowles, Member
Also Present: Mr V Munro, Stipendiary Steward
Plea: Admitted

 

FACTS:
Mr Cox was charged with using his whip on more occasions that is permitted by the Use of the Whip Regulations inside the final 400 metres of race 10 at NZ Metro on 17 September 2020.

Mr Munro demonstrated on the videos that the Respondent, who was driving the leading horse, LENNOX BROMAC, used his whip on 11 to 12 occasions.

Mr Cox acknowledged the count was this figure.

 

DECISION:
Mr Cox has admitted the breach. It is found to be proved.

 

PENALTY SUBMISSIONS:
Mr Renault produced Mr Cox’s record. The Respondent has had 43 drives this season and 347 last season. He had a previous breach of this Rule on 7 June last when he was fined $200. The starting point in the Penalty Guide for a second breach is a 3 to 5 day suspension. Mr Renault asked for 3 days.

Mr Cox asked that the suspension be as brief as was permitted under the Guide. He requested a deferment until after Winton. The Stewards had no objection to this.

 

PENALTY REASONS:
The breach is low range. We make the count 11 strikes in the last 400 metres. This is Mr Cox’s second breach within a 3 to 4 month period thus the penalty is one of suspension. A penalty at the lower end of the scale is appropriate.

 

PENALTY:
Mr Cox is suspended from driving from the end of racing on 24 September up to and including 1 October. This is 3 days.

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