Winton HRC 1 September 2023 – R2 – Alex Milne

Mr Munro alleged that in Race 2, Mr Milne (LA MOTH) used his whip with more than a wrist flicking motion in the run home.

Miss Haley demonstrated the incident on the videos. As the field exited the home bend and proceeded to race down the straight, the Respondent shifted wider on the track to make his run and used his wrist in a non-compliant action.

Mr Munro said the Stewards believed this was over a distance of some 75 to 100 metres.

Mr Milne said he disliked the Rule as it was open to inconsistent interpretations.

Decision

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

Submissions for Penalty

Mr Munro produced the Respondent’s record, which showed that Mr Milne had had 44 drives this season and 69 the last. His record was clear since January. Mr Munro submitted the breach was mid-range.

Mr Milne sought a deferment of penalty until after the meeting on 7 September.

Reasons for Penalty

The breach is mid-range. Mr Milne has used his whip in breach of the Whip Rule and the Whip and Rein Regulations, for a distance of approximately 75 metres at the top of the home straight. The Penalty Guide provides a starting point of a fine of $500 or a 2-day suspension for a first such breach. Mitigating factors are that Mr Milne has a good record under this Rule and appears to have returned to a compliant style. He has admitted the breach. There are no aggravating factors. A penalty at the starting point is appropriate.

Conclusion

Mr Milne is suspended for 2 days. This starts after the Wyndham Meeting on 7 September and is up to and including 17 September.