When asked if he would appeal, Brown said: ''I'm not sure.''

In evidence, Brown said: ''I don't think I even hit the horse at the point we're talking about and if I had it was very very slight.

''It was a flick of my wrist. That's what made the whip bend and if it has touched the horse it would be ever so slightly,'' he said.

He then said he reserved his plea regarding the $500 fine.

But outside the hearing Brown launched a scathing attack on the RSPCA.

''It's insulting to me personally that this story got any legs in the media,'' he said.

''The RSPCA really needs to take a good look at itself if this is the level of argument it is going to run with,'' he said.

All jockeys riding at yesterday's VRC Oaks meeting were also incensed by the highlighting of Brown's whip action close to the line in the Melbourne Cup.

''To be the key organisation representing animal welfare in Australia and then to seek publicity based on rubbish, to me it means the wider community should really question the RSPCA's credibility,'' Brown said.

The RSPCA was critical of Brown's arm movement as Shocking hit the line.

However, things got worse for Brown in the stewards' room some hours later, when they found him guilty of careless riding on Shocking at the 1700m mark of the race.

Brown was outed for 10 meetings, starting after tomorrow's Emirates meeting at Flemington.