Gore HRC 16 February 2025 – R1 – Timothy Robertson

Mr Munro alleged that in Race 1, Mr Robertson (PHISHING) used his whip with more than a wrist flicking motion in the run home.

Miss Haley demonstrated the incident on the videos. The Respondent was racing at the front of the field as they turned for home. There were 4 strikes where the Respondent was using his elbow and arm. As the field proceeded to race down the straight, there were non-compliant strikes until Mr Robertson returned to a compliant action in the last 100 metres. PHISHING eventually finished 5th.

Mr Robertson accepted the Stewards’ analysis of the video.

Decision

As Mr Robertson 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 Robertson has had 5 drives this season and 48 the last. He has had 702 lifetime drives. His record is clear. Mr Munro submitted the breach was mid-range, due to the distance over which the whip use was non-compliant.

Mr Robertson said he would prefer a suspension to a fine.

Reasons for Penalty

The breach is mid-range. Mr Robertson has used his whip in breach of the Whip Rule and the Whip and Rein Regulations for some distance in the home straight. The Penalty Guide provides a starting point of a fine of $500 or a 2-day suspension for a first such breach. A mitigating factor is that Mr Robertson returned to a compliant style in the last 100 metres. A penalty at the starting point is appropriate.

Conclusion

Mr Robertson is suspended from driving from the end of the meeting today, 16 February, up to and including Sunday 23 February 2025. This is 2 days.