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NZ Metro TC 20 March 2020 - R 6 - Chair, Mr S Ching

Created on 27 March 2020

SChing (chair)
Mr M Anderson - Licensed Open Horseman
Mr N Ydgren - Chief Stipendiary Steward
Information Number
Contravention of the Use of Whip Regulations

Following Race 6, “What The Hill” NZ Trotting Oaks (Group 2) Mobile Trot, an information was lodged against Licensed Open Horseman, Mr M Anderson, alleging a breach of Rule 869(2) in that he used his whip on more occasions than is permitted inside the final 400m.

Rule 869(2) reads as follows:

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

Whip Regulation (b) reads as follows;

(b) 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 Anderson confirmed that he admitted the charge and rule it was brought under.

Mr Ydgren gave evidence to show that Mr Anderson driving CHEVRON ACTION, was positioned in the lead as the field passed the 400m and into the final straight. Shortly after entering the straight, Mr Anderson, drew the whip and used it on 14 occasions prior to the line.

Mr Anderson did not dispute the number of strikes.


The charge was found proved.

Submission For Penalty:

Mr Ydgren stated that Mr Anderson’s record showed 2 previous breaches within the past 6 months, being a 3-day suspension at Addington on 8 December 2019 and a 4-day suspension at Motukarara on 29 December 2019. He said that the JCA Penalty Guide provides a 3 to 5 day starting point for a second or subsequent breach of this rule within a 6-month period. Mr Ydgren stated that as this was Mr Anderson’s 3rd breach within that period, a starting point of 5 days be considered. With the status of the race being a Group 2 event with a stake of $50,000, he submitted that an uplift of 1 day be considered.

Mr Anderson made application for a deferment until after racing at Addington on 27 March.

Reasons For Penalty:

Mr Anderson ’s record showed 2 breaches under this rule in the previous 6 months. The Penalty Guide provides a 3 to 5-day suspension as a starting point for subsequent breaches and with this breach, being Mr Anderson’s 3rd and in addition, the breach, being mid-range with 14 strikes, we decided that a 5 day starting was appropriate. The aggravating factor was the status of the race which warranted an uplift in penalty, which we set at 1 day. We therefore determined that a 6-day suspension was an appropriate penalty.

Mr Anderson’s application for a deferment until after racing on 27 March was granted.


Mr Anderson is suspended from the conclusion of racing 27 March up to and including 5 April 2020. Relevant meetings encompassed in this period of suspension are Invercargill - 28 March, Methven - 29 march, Forbury - 2 April, Addington - 3 April, Invercargill - 4 April and Rangiora - 5 March 2020.

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