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Methven TC 13 October 2019 - R 2 - Chair, Mr D Anderson

Created on 14 October 2019

Rules:
869(2)
Committee:
DAnderson (chair)
SChing
Name(s):
Mr J Markham - Open Driver
Mr S Renault - Stipendiary Steward
Informant
Mrs C Tibbs - Stipendiary Steward
Information Number
A12657
Plea:
Admitted
Charge:
Breach of Whip Regulations
Evidence:

Following the running of Race 2 the “JA & GD Trudgeon Trot” an Information was filed by Stipendiary Steward Mrs Tibbs alleging a breach of Rule 869(2) by Open Driver Mr J Markham. The information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.

Mr Markham signed the information admitting the breach and stated he understood the Rule.

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 Regulations (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.

Mrs Tibbs used the race video to identify Mr Markham driving (15) DD’S SUPER STUART, three wide and leading entering the home straight. The Stewards, Mr Markham and the Committee counted 16 clear strikes with the whip in the run to the finishing post.

Decision:

The charge was found proved.

Submission For Penalty:

Mrs Tibbs alluded to the sliding scale for this breach which requires a fine for a first offence.

Reasons For Penalty:

The JCA Penalty Guide provides a sliding scale starting point of a $300 fine for a breach involving 16 strikes mitigation inclusive.

There are no aggravating factors to warrant an uplift from this starting point.

Penalty:

Mr Markham is fined $300.

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