NZ Metro TC – 11 August 2005 –

Following the running of Race 9, Frost Steel Compactors Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr M P Jones, alleging that Mr Jones, as the driver of VASVIXEN in the race, used his whip excessively on that horse over the concluding stages.

Mr Jones did not admit the breach.

Mr Escott said that the Stipendiary Stewards were alleging that the whip was used excessively over the concluding stages, in the vicinity of 23-24 times. Whether or not the horse was actually struck, the whip was "used". Mr Escott showed a video replay of the final 200-300 metres of the race. He anticipated that Mr Jones would state that he "puts a fake one in every now and then" but submitted that Mr Jones is a very experienced horseman and is well aware of the guidelines regarding use of the whip. If it looks bad, it is bad, Mr Escott submitted.

Mr Jones confirmed that he did not actually hit the horse on every occasion and he estimated that he only hit the horse on approximately 14 occasions from the top of the straight. He also submitted that he had "paused" for 50-60 metres from the 150 metres. He acknowledged that fake use of the whip was probably a "bad habit" but denied that it amounted to excessive use.

Following a deliberation, the Committee delivered the following oral decision:

"We have considered the evidence of the Stipendiary Stewards and the submissions of Mr Jones in this case, In addition, we have carefully viewed and considered the video replays of the final 200-300 metres of the race.

The Committee notes that Mr Jones commenced using the whip on VASVIXEN when it improved wide just before the home turn. Thereafter, he continued to use the whip some 24 times. We say "used" the whip ? we accept that the horse was not struck on each of those 24 occasions. However, the guidelines are clear in that the horse does not have to be actually struck for a breach of the Rule to be improved.

In this present case, the Committee is satisfied that the whip was used continuously without any distinct pauses over the final 250 metres of the race but for a brief interruption in the final 100 metres. The use of the whip by Mr Jones was, on this occasion, outside the guidelines which are well known to Mr Jones.

Accordingly, the Committee finds that the charge of excessive used of the whip is proved."

Mr Escott recommended a fine of $250 and requested the Committee to issue a warning to Mr Jones to change his whip action.

The Committee accepted that Mr Escott's recommendation of a fine of $250 was reasonable in this case and in line with fines imposed for other breaches of the particular rule where no discount was able to be given for admission of the breach. The Committee saw no reason, in this case, to depart from the usual level of fine.

Mr Jones was fined the sum of $250.00.

In addition, Mr Jones was warned by the Committee that he should change his whip action and, in particular, that he should refrain from "fake" use of the whip, which is still "use of the whip" for the purposes of the Rule, to avoid further problems in the future.

CHAIRMAN