Waikato BOP H 1 October 2024 – R7 – David McGowan

Evidence:

Following the running of Race 7, the “Garrards Horse & Hound Tuesday Trotters Final Handicap Trot”, Mr Mulcay presented an Information charging Driver Mr D McGowan with a breach of “the Whip Rule, 869(2), and the Whip and Rein Regulations.”

It was alleged that Mr McGowan, the Driver of “WISH FOR FISH”, used his whip on the horse in a continuous and excessive manner from the 250 metre point in the run home.

Mr McGowan admitted the breach of the Rule.

The race films depicted Mr McGowan commencing to whip his horse as it approached and entered the home straight.  He struck it at least 8-10 consecutive times.  Thereafter, he paused his whip use for several strikes before reapplying the whip for at least 5 strides.  In total, the horse was struck by Mr McGowan with his whip multiple times over a distance excessively and well in excess of 50 metres.  The horse did not finish in any of the first 5 placings.

Mr McGowan said he apologised for his actions, for which he had no excuse.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty: 

This was at least a mid range breach of the Whip Rule.  Mr Mulcay referred to the Penalty Guide of a starting point of 2 days suspension and/or a fine of $500.

Mr McGowan has driving commitments for the next 3 days.  He accepts a suspension is required.

Reasons for Penalty:

Because of his good record (being clear) and the limited driving opportunities he has, the Adjudicative Committee was prepared to suspend him, and not provide an additional fine.

Conclusion:

Accordingly, his Licence to drive was suspended for 2 days, to commence at the conclusion of racing on 4 October 2024 and end at the conclusion of racing on 11 October 2024.