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Winton HRC 16 February 2020 - R 3 - Chair, Mr D Anderson

Created on 17 February 2020

Rules:
869(2)
Committee:
DAnderson (chair)
MConway
Name(s):
Mr K McNaught - Junior Driver
Mr N McIntyre - General Manager of Stewards
Informant
Mr V Munro - Stipendiary Steward
Information Number
A12714
Plea:
Admitted
Charge:
Breach of Whip Regulations
Evidence:

Following the running of Race 3, an Information was filed by Stipendiary Steward Mr Munro alleging a breach of Rule 869(2) by Junior Driver Mr K McNaught. The information alleged; you used your whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.

Mr McNaught signed the information admitting the breach and stated he was conversant with the Rule.

Mr McNaught was comfortable not being assisted by a senior horseman.

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 Regulation made by the Board.

The Use of Whip Regulation (effective from 30 November 2017) 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 Munro identified Mr McNaught driving (2 NIGHTMARCH), racing towards the tail of the field entering the home straight. Mr Munro showed Mr McNaught activating the ear plugs and counted 11 strikes with the whip in the run to the finishing post and this was not disputed by Mr McNaught.

Decision:

The charge was found proved.

Submission For Penalty:

Mr Munro stated Mr McNaught had no breaches of the rule in his 147 life time drives and alluded to the Penalty Guidelines as an appropriate penalty.

Mr McNaught made no submissions on penalty.

Reasons For Penalty:

The JCA Penalty Guide provides a $200 fine for a breach of the rule encompassing 11 to 13 strikes, mitigation inclusive. 

Penalty:

Accordingly, Mr McNaught is fined $200.

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