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Oamaru HRC 29 July 2018 - R 9 - Chair, Prof G Hall

Created on 31 July 2018

Rules:
869(2)(b)
Committee:
GHall (chair)
PKnowles
Name(s):
Mr G Ross - Graduation Driver
Informant
Mr S Renault - Stipendiary Steward
Information Number
A10526
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Mr Renault, Stipendiary Steward, alleged that Mr Ross used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive CLIVE in race 9, the MORRISONS SADDLERY MOBILE PACE.

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 the Whip Regulations 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 demonstrated the alleged breach on the videos. He pointed out Mr Ross had used his whip 16 times in the last 400 metres. There was just the one pause when the whip had briefly become entangled in the reins.

Mr Ross said he was aware of the rule and the number of strikes permitted but he had clearly lost count. He had stopped using the whip in the final stages of the race as he thought he was at the limit of 10.

Decision:

As Mr Ross has admitted the breach, it is found to be proved.

Submission For Penalty:

Mr Renault produced the respondent’s record which evidenced this was his third raceday drive.

Reasons For Penalty:

The penalty is determined by a sliding scale. Where the number of strikes is 14 to 16 and it is a first offence, it is $300. The count for Mr Ross is 16. He agrees that this is the number. This is Mr Ross’ third raceday drive. He has only recently obtained a graduation licence.

This is Mr Ross’ first breach of this rule since the regulations came into force on 30 November. The Use of the Whip Regulations provide for a fine of $300. There are no aggravating or mitigating factors of the breach.

Penalty:

Mr Ross is fined the sum of $300.

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