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Jockey Kerrin McEvoy has been successful in appealing the $50,000 fine he received for his ride on Tiger Moth in last weeks Melbourne Cup.

Kerrin McEvoy was fined $50,000 from stewards for overuse of the whip on Melbourne Cup favourite Tiger Moth who ran second in the $8m event.

The successful appeal means McEvoy will be fine $30,000 for his ride.

“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.”

 
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