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Roxburgh TC 4 January 2019 - R 2 - Chair, Prof G Hall

Created on 07 January 2019

Committee:
GHall (chair)
MConway
Name(s):
Mr D McCormick - Open Horseman
Informant
Mr V Munro - Stipendiary Steward
Information Number
A12467
Plea:
Admitted
Charge:
Contravention of Use of Whip Regulations
Evidence:

Mr Munro, Stipendiary Steward, alleged that Mr D McCormick (DORA EXPLORER) used his whip on more occasions than permitted under clause (b) of the Use of the Whip Regulations in race 2, the MACCA LODGE / MCINTYRE FLANNERY TAIT / REDPATHS TROT.

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 McCormick admitted the breach and did not wish to be present at the hearing.

Mr Munro, Stipendiary Steward, demonstrated the alleged breach on the videos. Mr McCormick used his whip 13 times in the last 400 metres.

Decision:

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

Submission For Penalty:

Mr Munro produced the respondent’s record. Mr McCormick has had 17 drives this season and 24 drives last season. Mr McCormick has a previous breach of this rule when he was in breach of cl (d) of the whip regulations on 24 November last.

Mr Munro referred to the JCA Penalty Guide, which provides a 3 to 5 day starting point for a second or subsequent breach of r 869(2) and the whip regulations. He described the respondent as a trainer that occasionally drove his own horses. He submitted that a suspension of 3 days was appropriate.

Reasons For Penalty:

The count for Mr McCormick is 13. He has agreed that this is the number.

The Penalty Guide provides for a 3 to 5 day suspension for a second breach. Where the number of strikes is between 11 and 13, the breach is regarded as being low-range. A 3-day starting point is appropriate. There are no aggravating or mitigating factors that require an adjustment to this starting point.

Penalty:

Mr McCormick is suspended for 3 days from the end of racing on 6 January up to and including 13 January 2019.

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