Winton HRC 1 September 2023 – R5 – Tim Robertson

Mr Munro alleged that in Race 5, Mr Robertson (MISS JESSICA) used his whip in a continuous manner 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, who had been racing one out without cover at the front of field, used his whip in a continuous manner. She said the Respondent had given his horse no respite.

Mr Robertson said he had been simply trying to get the best out of the horse and there were points at stake for “trotter of the year”.

Decision

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

Submissions for Penalty

Mr Munro produced the Respondent’s record, which showed that Mr Robertson had had 54 drives this season and 63 the last. His record was clear since January. Mr Munro submitted the breach was low end.

Reasons for Penalty

The breach is low-range. Mr Robertson has used his whip in a continuous fashion in breach of the Whip Rule and the Whip and Rein Regulations, in the home straight. The Penalty Guide provides a starting point of a fine of $300 or a 2-day suspension for a first such breach. Mitigating factors are that Mr Robertson has a good record under this Rule and has admitted the breach. There are no aggravating factors. A small reduction in penalty is appropriate.

Conclusion

Mr Robertson is fined the sum of $250.