Non Raceday Inquiry – Written Decision dated 18 March 2023 – Brian Norman

BACKGROUND:

Information A17110 has been laid by Stipendiary Steward Mr Vinny Munro, alleging Mr Brian Norman used his whip in contravention of Rule 869(2) Whip and Rein Regulations.

The incident occurred at the Wyndham Workouts on 5th Feb 2023 , and was heard at the Wyndham Harness Meeting on March 18th 2023.

Mr Norman admitted the breach and confirmed he understood the Rule.

The Rule reads:– 869(2) Whip and Rein Regulations:- No driver shall during any race use a whip in a manner in contravention of the Use of Whip and Rein Regulations made by the Board.

3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

FACTS:

Mr Munro showed the video clip of the alleged incident, highlighting Mr Norman using his whip free of the rein on two occasions passing the 130 mark in the run home. Mr Munro stated that the Respondent’s horse was leading at the time, but pulled up quickly despite Mr Norman urging it along.

Mr Norman agreed with Mr Munro’s account, adding that he gave the horse a couple of strikes to keep it going, as it had almost pulled up.

DECISION:

As the Respondent has admitted the breach, it is deemed proved.

SUBMISSIONS ON PENALTY:

Mr Munro stated Mr Norman was having very few race day drives. His lifetime drives are 3899, with 0 last season and 4 this season.

He has had a clear record over the past 6 months.

Mr Munro believed the breach to be at the mid to lower end range. The Penalty Guide recommended a fine between $200 and $400.

REASONS FOR PENALTY:

The Adjudicative Committee found the video evidence compelling, highlighting the strikes to the horse in the run home.

The starting point in this instance was $300 with some reduction for Mr Norman’s early admittance. It was agreed the breach was mid to low end.

PENALTY:

Mr Norman is fined the sum of $250.