Wyndham HRC 12 October 2023 – R8 – Brian Norman

ID: RIB28549

Respondent(s):
Brian Norman - Driver

Applicant:
Mr Shane Renault, Stipendiary Steward

Adjudicators:
Geoff Hall

Persons Present:
Mr Renault, Mr Norman

Information Number:
A17143

Decision Type:
Race Related Charge

Charge:
excessive use of the whip

Rule(s):
869(2) - Contravention whip rule

Plea:
Admitted

Animal Name:
CLOSE

Code:
Harness

Race Date:
12/10/2023

Race Club:
Wyndham Harness Racing Club

Race Location:
Wyndham Racecourse - Alma St, Wyndham, 9892

Race Number:
R8

Hearing Date:
12/10/2023

Hearing Location:
Wyndham

Outcome: Proved

Penalty: Driver, Brian Norman fined $450

Mr Renault alleged that in Race 8, Mr Norman (CLOSE), used his whip with more than a wrist flicking motion and then used the whip in a continuous manner in the run home.

Mr Renault demonstrated the incident on the videos. As the field exited the home bend and proceeded to race down the straight, the Respondent, who had shifted out to the parked position, used his wrist 7 times while engaging his elbow. He returned to a compliant action but then used the whip continuously.

Mr Norman said CLOSE was a lazy horse and it was a tight finish. He accepted he had over-used the whip.

Decision

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

Submissions as to penalty

Mr Renault produced the Respondent’s record which showed that Mr Norman has had 11 drives this season and 4 the last.  His record is clear under this Rule. Mr Renault submitted the breach was mid-range.

Decision as to penalty

The breach is mid-range. Mr Norman has used his whip with more than his wrist on 7 occasions in the home straight and then after becoming compliant, has used it in a continuous manner. The Penalty Guide provides a starting point of a fine of $500 for a first such breach. A mitigating factor is that Mr Norman has returned to a compliant style, albeit briefly. He has also admitted the breach.

Penalty

Mr Norman is fined the sum of $450.

Decision Date: 12/10/2023

Publish Date: 18/10/2023