Franklin TC – 28 November 2008 – Race 8

An information was filed by Stipendiary Steward Mr J Muirhead against Junior Driver Mr D Dunn, driver of SUMMER MAN alleging a breach of Rule 869 (2) (a), Excessive Use of the Whip, in that he used his whip excessively when driving out his horse over the concluding stages of the race.

An information was filed by Stipendiary Steward Mr J Muirhead against Junior Driver Mr D Dunn, driver of SUMMER MAN alleging a breach of Rule 869 (2) (a), Excessive Use of the Whip, in that he used his whip excessively when driving out his horse over the concluding stages of the race.

Mr Dunn denied the breach and was present at the hearing assisted by Senior Horseman, Mr A Butt.

Mr Muirhead demonstrated the incident by use of video film. He said that Mr Dunn had struck his horse with the whip about 22 times continuously in the home straight, paused and then hit the horse once more. He said the concern was the number of times the horse was hit and the whip was used continuously. He was not cross examined.

Mr Dunn said that about every second time he used the whip he was flicking the horses tail or running the whip through the tail. Mr Butt said he couldn't see the whip was used 22 times. He said Mr Dunn had a good whip action and was encouraging and hitting the horse but they were not 'hay makers'. Mr Dunn repeated that he had been flicking the whip through the tail.

Mr Muirhead said that he believed Mr Dunn was definitely hitting the horse and he conceded the force used was not excessive.

DECISIONS and REASONS:

The video film showed that Mr Dunn used his whip between 20 to 23 times in the home straight. I was satisfied from viewing the video film that Mr Dunn struck the horse with the whip on each occasion. There was no variation in his style of using the whip. There was continuous use of the whip in breach of the guidelines issued in 2006. The number of times the whip was used was also excessive.

I find the charge to be proven.

PENALTY:

Mr Muirhead referred to the penalty guidelines which give a starting point of a fine of $250.00 or a one week suspension. Mr Muirhead said Mr Dunn had two breaches of this rule recorded against him in the last 12 months, namely a fine of $350.00 on 12/10/08 and a fine of $200.00 on 08/06/08. He said the offending was mid-range on the scale of seriousness and suggested I fine of $250.00. Mr Butt said he thought recommendation was fair and he referred to the large number of drives Mr Dunn has. Mr Dunn said that the $350.00 fine was on a premier day.

In fixing penalty I take into account the following:

1. The submissions of Mr Muirhead.

2. The submissions of Mr Butt.

3. The previous breaches of the rule.

4. The offending was mid range on the scale of seriousness - there was not excessive force.

5. The large number of drives Mr Dunn has had.

6. Mr Dunn has a superb driving record.

7. The recommended starting point.

In balancing all of those matters I impose a fine of $250.00 and advise Mr Dunn that he must realise that he cannot use the whip continuously at any time.

B Rowe

Chairman