Waimate TC 27 March 2022 – R5 – Brendon McLellan

Mr Munro alleged that Mr McLellan (ELLZ ANGEL) used his whip on one occasion free of the rein in the run home in Race 5.

Mr Quirk identified the Respondent’s horse on the video and demonstrated that on one occasion when mounting a run down the outside in the home straight Mr McLellan used the whip free of the rein.

When questioned by the Adjudicative Committee, Mr Munro assessed it was at about the 150 metres and he emphasised that the Respondent had gone on to win the race. He believed it was a lapse in concentration.

Mr McLellan commented that ELLZ ANGEL was running in and had taken his hand off the rein to correct it. He had then given the horse “one”. He had realised his error as soon as he did it. It was just the one strike.

Decision:

As Mr McLellan has admitted the breach, it is found to be proved.

Submission For Penalty:

Mr Munro produced the Respondent’s record. Mr McLellan has had 6229 lifetime drives, with 13 this season and 88 the last. Mr Munro described the breach as low-range. The Respondent had had a warning at the meeting on Xmas Eve. He referred to the starting point of a $200 fine in the Penalty Guide.

Mr McLellan stated that he recalled the warning. He said he had an excellent record.

Penalty:

The breach is low-range in that as there is just the one strike with the whip. Mr McLellan realised his error and desisted immediately.

Mr McLellan’s record under this Rule shows no breaches these past 12 months. A fine at the starting point level for a first breach is the appropriate penalty.

Mr McLellan is fined the sum of $200.