Winton HRC 10 January 2024 – R1 – Brian Norman

Mr Munro alleged that in Race 1, Mr Norman (QUERCUS RUBRA) used his whip with more than a wrist flicking motion in the run home.

Mr Munro demonstrated the incident on the videos. The Respondent was urging his horse, which had led for much of the race, and there were 2 non-compliant strikes at the top of the straight. As the field proceeded to race down the straight, there were 3 further non-compliant strikes before Mr Norman returned to a compliant action.

Mr Norman accepted the Stewards’ analysis of the video.

Decision

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

Submissions as to Penalty

Mr Munro produced the Respondent’s record which showed that Mr Norman has had 3 drives this season and 25 the last. His record is clear with the 2-month reset. Mr Munro submitted the breach was low-range as the Respondent had returned to a compliant style.

Reasons for Penalty

The breach is low-range. There are 5 non-compliant strikes, but Mr Norman has returned to a compliant style and admitted the breach. There are no aggravating factors. The Penalty Guide provides a starting point of a fine of $300 for a first such breach. While Mr Norman’s record is clear under this Rule for the past 2 months, this is reflected in the starting point.

Conclusion

Mr Norman is fined the sum of $300.