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11 Mar 2014
Invercargill-Hrc - R1

Invercargill HRC 11 March 2014 - R 1

Created on 13 March 2014

Rules:
869(2)(a)
Committee:
PKnowles (chair)
Name(s):
Mr G R McEwan - Senior Horseman
Informant
Mr S Wallis - Stipendiary Steward
Information Number
1770
Plea:
Denied
Charge:
Excessive use whip
Evidence:

Following the running of Race 1, the More FM Trot an information was filed by Stipendiary Steward Mr S Wallis alleging Mr G McEwan (Sundon Invasion) breached Rule 869 (2) (a) in that ..Mr G McEwan (Sundon Invasion) used his whip in an excessive manner.

Mr McEwan was present at the hearing and did not admit the charge.

Rule 869 (2) (a) provides:

No horseman shall during any race
Use his whip in an unnecessary, excessive or improper manner.

Submission For Decision:

Mr Wallis showed, with the use of the video replays that Mr McEwan (Sundon Invasion) was behind the leaders from the 400m mark. He was observed to use his whip more than 20 times up until the finish of the race. Over that distance there had only been one period where Mr McEwan had used a discernible break in his whip action. The Stewards deemed that to be excessive use of the whip.

Mr McEwan disputed the number of strikes with the stick was more than 20. He did not believe 20 strikes were excessive or that he had used his whip in a forceful manner. He stated he was required to drive his horse out to the finish and he had done so.

Reasons For Decision:

The video evidence clearly shows that Mr McEwan used his whip approximately 20 times from the 400m mark to the finish. This is deemed to be excessive under the Rule.

Decision:

The charge is proved.

Submission For Penalty:

Mr Wallis stated Mr McEwan had no previous breaches of the rule within the past 12 months. He said the use of the whip was at the lower end of the scale. However he stated Mr McEwan had defended the charge and he was seeking a fine of $250.

Mr McEwan stated his record was good and that any fine should be about $100. He asked the committee to consider a suspension as opposed to a fine. He had several horses that were racing and were to be nominated at upcoming meetings.
 

Reasons For Penalty:

Mr McEwan was given credit for this excellent record and also that the use of the whip was at the bottom of the scale. Taken into account was Mr McEwan's preference for a suspension as opposed to a fine.

Penalty:

Mr McEwan is suspended from the completion of today’s meeting up to and including the 18th of March (2 Southland/Otago days).

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