Waikato BOP H 22 October 2024 – R1 – Dave McGowan

Summary of Facts:

Following the running of Race 1, the Respondent Dave McGowan admitted a breach of Whip Rule 869(2).  The particulars of the charge are that he used his whip in a continuous manner in the run home.

Rule 869 provides that:

(2) No Driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Senior Stipendiary Steward S Mulcay used available video footage to demonstrate the breach. He said shortly after entering the straight, Mr Gowan commence to use the whip and did so in a continuous manner in the run home. He said Stewards had no issue with Mr McGowan’s action, but the fact it was continuous deemed he breached the Regulations.

In response, Mr McGowan said that he was going to apply to have the whip taken off him, so he couldn’t offend in the future.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Mulcay produced the Respondent’s record, which showed one previous breach of the same Rule for continuous use on 1/10/24. He said that this breach attracted a penalty of 2 days.

Mr Mulcay said that Stewards assessed the breach to be at mid-range or above (due to its continuous nature) and suggested that a penalty of a 4-5 day suspension aligned with the Penalty Guidelines.

The Respondent asked if he could take any proposed suspension after 25/10/24, where he had commitments to drive.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee assessed the breach as mid range.

While Mr McGowan did use the whip in a continuous manner, the application of the whip was not strong/forceful. It was the Adjudicative Committee’s opinion that Mr McGowan did not show a total disregard for the Rules – the threshold required for the breach to be considered high level.

A mid-level breach has a starting point of a 4 day suspension.

Having considered all factors, the Adjudicative Committee deemed a suspension of 4 days as an appropriate penalty.

Conclusion:

Mr McGowan is suspended for 4 days, from the conclusion of racing on 25 October, until the conclusion of racing on 15 November 2024.