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NZ Metro TC 28 September 2018 - R 3 - Chair, Mr R McKenzie

Created on 02 October 2018

Committee:
RMcKenzie (chair)
DJackson
Name(s):
Mr J C Morrison - Licensed Junior Driver
Informant
Mr S P Renault - Stipendiary Steward
Information Number
A09994
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of Race 3, 30 September – Last Chance to Win – Cup Day Experience Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Mr J C Morrison, alleging that Mr Morrison, as the driver of ROSINUPTHEBOW in the race, “used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations”.

Mr Morrison had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He further indicated that he did not wish to be present at the hearing of the information. Mr Renault informed the Committee that Mr Morrison, a Junior Horseman, had declined the opportunity to be assisted by a Senior Horseman prior to entering a plea to the charge.

Rule 869 provides as follows:

(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.

The Use of Whip Regulations (effective from 30 November 2017) provide:

(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 Renault showed a video replay of the final 400 metres of the race. He pointed out ROSINUPTHEBOW racing towards the rear of the field in the one-out line. Mr Renault said that Stewards were alleging that Mr Morrison had used his whip on 12 occasions inside the final 400 metres. There were two “taps” early on that were not being included in the count, he said. In the home straight, the horse made ground through the middle of runners, finishing in 5th placing.

Decision:

Mr Morrison having admitted the breach, the charge was found proved.

Submission For Penalty:

Mr Renault said that Mr Morrison has had 70 drives in the current season to date and last season had a total of 370 drives. He is a quite busy driver, he said. He has a previous breach of the Rule against his record – fined $200 at Wyndham on 6th January this year. However, that was outside the 6 months’ reset period, Mr Renault said. He submitted for a fine of $200 in terms of the penalty guide sliding scale in the Use of the Whip Regulations.

Reasons For Penalty:

In determining penalty, the Committee had regard to the Penalty Guide in the Use of the Whip Regulations and noted that the “sliding scale” penalty for a first offence, which this breach is deemed to be, involving a number of strikes in the 11-13 range is a fine of $200. The Committee saw no need to depart from the prescribed penalty.

Penalty:

Mr Morrison is fined the sum of $200.

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