Waikato BOP H 13 October 2022 – R8 – Jay Abernethy
ID: RIB11609
Animal Name:
PETER FORSBERG
Code:
Harness
Race Date:
13/10/2022
Race Club:
Waikato BOP Harness Racing Inc
Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434
Race Number:
R8
Hearing Date:
13/10/2022
Hearing Location:
Cambridge Raceway
Outcome: Proved
Penalty: Driver Jay Abernethy is fined $200
Evidence:
Following the running of Race 8, the “DOWNBYTHESEASIDE MAKING A SPLASH MOBILE PACE”, Mr Mulcay presented an Information charging Mr Abernethy, the Driver of “PETER FORSBERG” with a breach of Rule 869(2) in that he used his whip with more than a flicking motion in the run home.
Rule 869(2) is well known and provides: that a whip shall not be used in a manner in breach of the NZ Harness Racing Whip Regulations, and clause 3.1 provides that:
“A Driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder”.
The race film disclosed that whilst in the home straight and toward the outside of the field, Mr Abernethy applied force with his whip generated by his elbow and shoulder, with the first strike being free of him holding a rein. He corrected himself after several strikes.
Decision:
As the breach was admitted, it was deemed proved.
Submissions for Penalty:
Mr Mulcay regarded this as a low level breach, and Mr Abernethy had a good record so a fine in line with the Penalty Guidelines starting point was sought.
Mr Abernethy accepted that was appropriate.
Reasons for Penalty:
In keeping with the submissions of Mr Mulcay, the Adjudicative Committee deemed a fine was appropriate on this occasion.
Conclusion:
Accordingly, Mr Abernethy was fined $200.
Decision Date: 13/10/2022
Publish Date: 17/10/2022