Winton HRC 17 November 2024 – R5 – Richard Stevens

Mr Munro alleged that in Race 5, Mr Stevens (RAKADEAKS) used his whip with more than a wrist flicking motion in the run home.

Mr Munro demonstrated the incident on the videos. The Respondent was in the centre of the track, urging his horse early in the home straight and was using his elbow and arm at that time. As the field proceeded to race down the straight, there were further non-compliant strikes, before Mr Stevens returned to a compliant action.

Mr Stevens accepted the Stewards’ analysis of the video and said he had got it wrong and that the horse had been responding.

Decision

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

Submissions as to Penalty

Mr Munro produced the Respondent’s record, which showed that Mr Stevens has had 9 drives this season and 20 the last. His record is clear under this Rule. Mr Munro submitted the breach was low-range, due to Mr Stevens returning to a compliant style.

Mr Stevens said he was happy with Mr Munro’s submissions.

Reasons for Penalty

The breach is low-range. Mr Stevens has used his whip in breach of the Whip Rule and the Whip and Rein Regulations for a distance in the home straight. The Penalty Guide provides a starting point of a fine of $300 or a 2-day suspension for a first such breach. Mr Stevens ran 4th in the race and there was some distance back to the 5th horse. Mitigating factors are that Mr Stevens has a clear record under this Rule and returned to a compliant style. A penalty just below the starting point is appropriate.

Conclusion

Mr Stevens is fined the sum of $250.