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Winton HRC 8 September 2018 - R 6 - Chair, Prof G Hall

Created on 11 September 2018

GHall (chair)
Mr J Cox - Open Horseman
Mr S Wallis - Stipendiary Steward
Information Number
Excessive use of the whip

Mr Wallis, Stipendiary Steward, alleged that Mr Cox used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive EL CAPITAN in race 6, the VINCENT AT ALABAR 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 Cox admitted the breach and did not wish to be present at the hearing.

Mr Wallis, Stipendiary Steward, demonstrated the alleged breach on the videos. Mr Cox made a run from the back and, as the field passed the 400 metres, he was 3 wide and outside the horse racing one out without the trail. Mr Cox used his whip 12 times in the last 400 metres.


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

Submission For Penalty:

Mr Wallis produced the respondent’s record. Mr Cox has had 18 drives this season and 353 drives last season. Mr Cox has a clear record under this rule.

Mr Wallis submitted that a fine of $200 was appropriate.

Reasons For Penalty:

The count for Mr Cox is 12. He has agreed that this is the number. The strikes were not continuous and some were backhanders.

The Penalty Guide provides for 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.


Mr Cox is fined the sum of $200.

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