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NZ Metro TC 7 June 2020 - R 2 - Chair, Mr S Ching

Created on 08 June 2020

SChing (chair)
J Cox -Licensed Open Horseman
P Williams-Stipendiary Steward
Information Number
Contravention of Use of Whip Regulations

Following the running of Race 2, the Allied Security-NZ Owned & Operated Mobile Pace, an Information was filed by Stipendiary Steward, Mr P Williams against Licensed Open Horseman, Mr J Cox, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.

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 Cox had endorsed the information that the breach was admitted which he confirmed to the hearing. Mr Cox also confirmed that he understood the rule and Whip Guideline (b) under which the charge was brought.

Mr Williams gave evidence and showed video replays of the final 400m. He pointed out Mr Cox driving I AM ADALINE, positioned in the lead as the field approached the home turn. Inside the 400m, Mr Cox drew the whip and used it on 12 occasions prior to the finish line.

Mr Cox did not dispute the number of strikes, said that the horse did respond to the whip and that a couple of the strikes were on the shaft.


As Mr Cox had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submission For Penalty:

Mr Williams stated that Mr Cox had a previous breach on 24 December 2019 at Ashburton where he received a 5-day suspension. He stated that the reset period for a breach of this rule was 6 months, which was in 2 weeks’ time, or 200 drives. Mr Williams added that Mr Cox had driven on 173 occasions since that breach and apart from the suspension of racing due to the lockdown with Covid 19, Mr Cox would normally have driven well in excess of the 200-drive reset. Mr Williams submitted that after taking those factors into consideration, this breach could be dealt with as a first offence as per the JCA Penalty Guide sliding scale of a 11 to 13 strike offence, which provides a $200 fine.

Mr Cox stated that a fine considering the factors submitted was fair.

Reasons For Penalty:

The Committee took into consideration the factors, as above, submitted by Mr Williams and agreed that this breach could be dealt with as a first offence under the penalty sliding scale. The Penalty Guide provides a fine of $200, under the sliding scale, for an 11 to 13 strike offence, under this rule. We therefore determined that as per the sliding scale, a $200 fine was an appropriate penalty.


Accordingly, Mr Cox is fined the sum of $200.

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