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Marlborough HRC 20 January 2019 - R 9 - Chair, Mr P Williams

Created on 22 January 2019

Rules:
869(2)
Committee:
PWilliams (chair)
DAnderson
Name(s):
Mr N McGrath - Open Horseman
Informant
Mr S Renault - Stipendiary Steward
Information Number
A11359
Plea:
Admitted
Charge:
Contravention of Whip Regulations
Evidence:

Following the running of Race 9, the “2019 Summer Festival Marlborough Cup Handicap Pace”, Information A11359 was filed by Stipendiary Steward Mr S Renault against Open Horseman Mr N McGrath alleging “N McGrath (Gore Bay) used his whip on more occasions than permitted by clause (b) of the Use of Whip Regulations”.  Mr McGrath signed the Information indicating he admitted the breach and also that he did not wish to be present at the hearing of the Information.

Rule 869 states:

(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.

Using the available films from the 400m point Mr Renault highlighted Mr McGrath driving “Gore Bay” racing towards the rear of the field in the 3 wide position. He said from the top of the straight Mr McGrath used his whip 13 times in a striking motion and was therefore in breach of the Use of the Whip Regulations.

Decision:
As Mr McGrath has admitted the breach the Committee finds the charge proved.
Submission For Penalty:

Mr Renault said Mr McGrath had a clear record in relation to this Rule. He said the starting point for a first breach was a fine of $200 and it was the RIU’s submission that a fine of that amount was an appropriate penalty.

Reasons For Penalty:

The Committee has reviewed the film of the final 400m of the Race. Mr McGrath has used his whip in a striking motion 13 times. That number of strikes means we classify the severity of the breach in the low-range. The Committee notes this is Mr McGraths first breach in contravention of the Use of Whip Regulations. The starting point penalty for today’s low-range breach is a fine of $200 which the Committee considers to be mitigation inclusive. Taking into account all of the above we consider that level of fine is an appropriate penalty on this occasion.

Penalty:
Mr McGrath is fined $200.
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