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Wanganui JC 5 September 2020 - R 3 - Chair, Mrs N Moffatt

Created on 09 September 2020

Rules:
638(3)(b)(ii)
Committee:
NMoffatt (chair)
WGendall
Name(s):
Mr R Bishop - Class A Rider
Informant
Mr N Goodwin - Stipendiary Steward
Information Number
A12335
Plea:
Admitted
Charge:
Excessive Use of the Whip
Evidence:

Following Race 3, Stipendiary Steward, Mr Goodwin lodged an Information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that Ryan Bishop used his whip excessively prior to the 100m.

At the outset of the hearing, Mr Bishop confirmed he understood the Rule and that he admitted the breach.

Mr Goodwin used the head-on video to show Mr Bishop using his whip for a total 8 times before the 100m mark.

Mr Bishop was satisfied that this number of strikes was accurate.

Decision:

Mr Bishop admitted the breach; therefore, the charge was deemed proved.

Submission For Penalty:

Mr Goodwin described today’s breach as low end. He explained that Mr Bishop was a new rider to the Central Districts after being in the South Island and Australia. This was his first breach of the whip rules since returning.

Mr Bishop told the Committee he has been based at Awapuni for 6 months after returning to New Zealand from Tasmania. The whip guidelines in Tasmania are the same as here so adapting to a different regime was not an issue.

Reasons For Penalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3)(b)(ii):
1st breach - $300
2nd breach - $500
3rd breach - Suspension

The Committee considered all submissions. Mr Bishop is an experienced rider who made an error of judgement by using the whip 3 times over the guidelines. Although he finished in second place there was no sugestion he gained an advantage by doing so.

The Committee did not consider there to be any reason to apply an uplfit from a first breach monetary penalty.

Penalty:

Accordingly Mr Bishop is fined the sum of $300.

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