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Wyndham HRC 17 March 2018 - R 3 - Chair, Prof G Hall

Created on 19 March 2018

Rules:
869(2)
Committee:
GHall (chair)
MConway
Name(s):
Mr C Lee - Horseman
Informant
Mr S Wallis - Stipendiary Steward
Information Number
A10429
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Mr Wallis, Stipendiary Steward, alleged that Mr C Lee (BIGANDME) used his whip excessively in race 3, the FARMER TURNS 60 /SMD SYNDICATE 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 Wallis demonstrated on the videos that the respondent used his whip 14 times in the last 400 metres.

Mr Lee has signed the information stating he admits the breach and does not wish to be present.

Decision:

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

Submission For Penalty:

The penalty is determined by a sliding scale. Where the number of strikes is between 14 and 16, and it is a first offence, it is $300.

Reasons For Penalty:

The count for Mr Lee is 14. Mr Wallis tells us Mr Lee has agreed that this is the number. We note that he simply has failed to break up his action sufficiently. This is Mr Lee’s first breach of this rule since the regulations came into force on 30 November.

Penalty:

Mr Lee is fined the sum of $300.

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