NZ Metro TC 6 December 2024 – R8 – Jonny Cox

EVIDENCE:

Following the running of Race 8, the Garrards NZ Pacing Derby’, Chief Stipendiary Steward Mr Nigel McIntyre presented an Information alleging a breach of Rule 869(2) by Driver Mr Jonny Cox.

Mr Cox stated he understood the Rule and the Charge and confirmed he admitted the breach of the Rule.

Rule 869(2) provides:

3.4 For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive: 3.4.1 If the whip is applied other than as permitted in clause 3.1. 3.4.2 If the whip is applied more than a wrist flicking motion or free of the rein or continuous.

Mr McIntyre played the final straight video to show Mr Cox (VESSEM) finishing strongly in the middle of the track where he used his whip four times, which were well outside of an acceptable standard. Mr McIntyre said Mr Cox’s use became compliant in the last 100m.

Mr Cox agreed he was in breach of the Rule and made no submissions.

DECISION:

The Respondent having admitted the breach, the charge was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said Mr Cox has a clear record under the Rule. He said the Stewards view this breach at low-range and would be seeking a 5-day suspension and the associated fine.

Mr Cox made no submissions on Penalty, but asked to start any suspension after racing on 8 December.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 7-day suspension for a mid-range breach in a Group One Race and any race with a stake of a $100,000 or more.

Mr McIntyre said the Stewards’ view this breach at the lower range, which the Adjudicative Committee endorsed.

Accordingly, Mr Cox will be suspended for 5 days, and in addition, a fine equal to 12.5% of the Driver’s stake is to be imposed.

CONCLUSION:

Driver Jonny Cox is suspended from the conclusion of racing on 8 December 2024, up to and including racing on 17 December 2024 and as per the Whip and Rein Regulations, Mr Cox is also fined $300.