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Posted 2020-11-09 08:18:10  
McEvoy fined reduced from the R550k for whip rule

Leading jockey Kerrin McEvoy has successfully had his fine for breaking the whip rule in the Melbourne Cup slashed on appeal.

McEvoy was slapped with a $50,000 (R550k) fine by stewards after the race, but successfully got that reduced to $30,000 (R330k) by the Victorian Racing Tribunal on Monday morning.

McEvoy was fined and suspended for 13 meetings after guiding star Tiger Moth to second. It was found he hit his mount 13 times before the 100-metre mark and 21 times in total. He is not permitted to strike his mount more than five times before the 100-metre mark.

Jockeys were warned via text message prior to both Derby Day and Melbourne Cup day about the tough stance on infringements during the Cup Carnival, while stewards also talked to the jockeys before the Melbourne Cup.

McEvoy was not in the room at the time when stewards addressed the riders.

Judge John Bowman told the hearing on Monday that while stewards have discretionary power when handing out fines to riders, McEvoy’s was well above what had been given to jockeys just days earlier.

McEvoy’s fine was just under 91 per cent of the total prizemoney he earnt for his ride on Tiger Moth, while on Derby Day, Daniel Moor and Fred Kersley were fined between approximately 45 per cent and 55 per cent of prizemoney earnt for the rides.

“As far as I can see, there’s only been one other penalty of 55 per cent and that is the highest percentage penalty that’s been imposed,” Judge Bowman said.

“The penalty imposed on you, Mr McEvoy, was just under 91 per cent of 5 per cent of the stake money. So it’s a very large leap above the previous highs.

“I’m not saying the protocol excludes it. It does not. However, the general penalty has been approximately 50 per cent of five per cent of the prizemoney, ranging up to 55 per cent.

“A fine of 90.9 per cent of five per cent of the stake money seems to me to be excessive. The financial penalty is varied to $30,000, which is, in percentage terms, approximately 55 per cent of the 5 per cent of stake money.”

McEvoy did not appeal the 13 meeting suspension.

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