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Winton HRC 27 September 2018 - R 7 - Chair, Prof G Hall

Created on 01 October 2018

Committee:
GHall (chair)
MConway
Name(s):
Mr A Beck - Open Horseman
Mr Coppins - Stipendiary Steward
Informant
Mr V Munro - Stipendiary Steward
Information Number
A10547
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Mr Munro, Stipendiary Steward, alleged that Mr Beck (BETTOR ENFORCE) in race 7, the HE’S WATCHING AT ALABAR HANDICAP PACE, used his whip on more occasions inside the final 400 metres than is permitted by cl (b) of the Use of the Whip Regulations.

Rule 869 provides: (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.

Clause (f) of the Use of the Whip Regulations provides: “The whip must not be used excessively prior to the final 400 metres.”

Mr Beck indicated on the information that he admitted the breach and did not wish to be present at the hearing.

Mr Coppins, Stipendiary Steward, identified Mr Beck on the video. The respondent was in the trail as the field came around the bend.

Mr Munro identified 2 strikes whip in hand on the turn and then 11 strikes in the home straight, commencing with a back hand strike. He said the Stewards were only counting the 11 strikes in the straight. Mr Munro acknowledged that the last of these 11 strikes was right on the winning post. He said Mr Beck had viewed the videos with the Stewards and had acknowledged there were 11 strikes.

Decision:

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

Submission For Penalty:

Mr Munro produced the respondent’s record. Mr Beck had 168 drives last season, and has had 11 this season. Mr Munro submitted the breach was in the low range and the appropriate penalty was a $200 fine in accordance with the Penalty Guide.

Reasons For Penalty:

We note the last of the 11 strikes in the Stewards’ count is right on the winning post. It is not clear whether it is before, on, or immediately after the winning post. Because of this uncertainty, in our accepting the respondent’s admission of the breach and finding the breach proved, we are more comfortable in including the 2 strikes on the bend with whip and rein in hand in the count. That makes the number 12 strikes, which is still a low range breach.

Mr Beck has a clear record under this rule for the past 10 months. The Penalty Guide provides a $200 fine where the number of strikes is between 11 and 13 (low-range) and the respondent has a clear record. There are no aggravating or mitigating factors that require an adjustment to this starting point.

Penalty:

Mr Beck is fined the sum of $200.

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