Winton HRC 13 November 2022 – R6 – Jeremy Douglas

Background

Mr Munro, Stipendiary Steward, alleged that in Race 6 Mr Douglas (MAGIC SIGN) used his whip in a continuous manner in the home straight.

Mr Munro demonstrated on the side and head-on videos that Mr Douglas used his whip in a continuous fashion from about the 150 metre mark until the winning post. The whip action, which was within the confines of the cart, was not broken up. MAGIC SIGN finished third.

Mr Douglas agreed with Mr Munro’s summation of his use of the whip. He said he had got carried away in the heat of the moment in a tight finish. He emphasised there was a very small margin between third and fourth and MAGIC SIGN, which was responding, would have stopped had he stopped his urgings with the whip.

Decision

Mr Douglas has admitted the breach. The charge is found to be proved.

Penalty submissions

Mr Munro produced the Respondent’s record which evidenced 54 drives last season and 34 this season to date. He said Mr Douglas had not previously been a busy Driver but he had a larger team now and was driving more frequently. He identified the starting point in the HRNZ Whip Penalty Guide for a low-range breach as a fine in the range of $200 to $400.

Mr Douglas had nothing more to add other than the fact it was a mistake on his part and he admitted the breach.

Reasons for penalty

Mr Douglas is in breach of r 869(2)(a) due to the continuous nature of his whip action. He has simply failed to break up his whip use in the final 150 metres.

The starting point for a first low-end breach is in the range of $200 to $400. Having regard to the fact that the distance the whip was used continuously was 150 metres and that MAGIC SIGN ran third by a narrow margin, a fine in the middle of this range is appropriate.

Conclusion

Mr Douglas is fined the sum of $300.