Waikato BOP H 12 January 2023 – R9 – David McGowan

ID: RIB14244

Respondent(s):
David McGowan - Driver

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Adjudicators:
JW Gendall KC

Persons Present:
Mr Mulcay and Mr McGowan by telephone

Information Number:
A16171

Decision Type:
Race Related Charge

Charge:
Used Whip free of rein

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regulations

Plea:
Admitted

Animal Name:
MAKE THINGS HAPPEN

Code:
Harness

Race Date:
12/01/2023

Race Club:
Waikato BOP Harness Racing Inc

Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434

Race Number:
R9

Hearing Date:
12/01/2023

Hearing Location:
Cambridge Raceway

Outcome: Proved

Penalty: Driver, David McGowan is fined $200

Evidence:

Following the running of Race 9 (“Join Taylor St Club Now Trot 2200m”), Mr Mulcay presented an Information charging Mr D McGowan, the Driver of MAKE THINGS HAPPEN, with a breach of the Whip Rule 869(2), in that he used the whip free of the rein, on one occasion in the home straight.

Decision:

As Mr McGowan admitted the breach, it was deemed proved.

Submissions for Penalty:

The race film showed that when Mr McGowan angled his horse out to seek a run in the home straight, he struck with the arm free of the rein in his striking hand so as to disobey the requirements of the Rule. MAKE THINGS HAPPEN finished well into third place.

Mr McGowan frankly said that he realised, immediately after he had hit the horse in the prohibited manner, he knew he had transgressed.

Reasons for Penalty:

As Mr McGowan had, during the past 6 months, a warning for breaching the Whip and Rein Regulations, it was inappropriate to deal with this breach by another warning.

As submitted by the Informant, a modest fine in line with the Penalty Guide, of $200 was appropriate.

Mr McGowan, fairly, agreed.

Conclusion:

Mr McGowan is fined $200.

Decision Date: 12/01/2023

Publish Date: 16/01/2023