Waikato BOP H 11 November 2022 – R1 – James Brownlee

BACKGROUND: 

Following the running of Race 1 the “TAYLOR STREET CLUB NOW OPEN MOBILE PACE”, Mr Mulcay presented an Information charging Mr Brownlee, the Driver of “PLAY BALL” with a breach of Rule 869(2) in that he used his whip excessively, and in breach of the Whip and Rein Regulations from the 800 metres mark.

EVIDENCE:

Mr Mulcay demonstrated from the race film the manner in which Mr Brownlee drove “PLAY BALL” from about the 800 metres point.  The horse was then under pressure and giving ground and Mr Brownlee commenced to use the whip forcefully, without being in the required “wrist only flicking motion”.  This type of whip use was continued for at least 500 metres when the horse has drifted to last and out of all contention.  It was a high-level breach of the Rule and Regulations, continuing for some distance with no effort to return to a compliant style of driving.

DECISION:

As the charge was admitted, it was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Mulcay submitted that the high level breach required a period of suspension for 3 meetings.

Mr Brownlee accepted that his licence had to be suspended.

REASONS FOR PENALTY:

This was blatant high level offending involving about 30 applications of the whip, and completely unacceptable in terms of the Regulation.  Mr Brownlee has no previous breaches of this Rule so there are no aggravating features requiring any increase from the starting point.

CONCLUSION:

Accordingly, Mr Brownlee’s licence is suspended for 3 meeting dates, namely on 18, 24 November 2022 and 1 December 2022.  The suspension is to commence at the end of racing today, 11 November 2022 and ending at the conclusion of racing on 1 December 2022.