Waikato BOP H 28 October 2022 – R1 – Warren Rich
ID: RIB11937
Animal Name:
Pacing Hope
Code:
Harness
Race Date:
28/10/2022
Race Club:
Waikato BOP Harness Racing Inc
Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434
Race Number:
R1
Hearing Date:
28/10/2022
Hearing Location:
Cambridge Raceway, Cambridge
Outcome: Proved
Penalty: Amateur Driver, Warren Rich, fined $200
BACKGROUND:
Following the running of Race 1, Taylor St Club. Grand Opening Tuesday Mobile Pace, the Respondent, Amateur Driver Warren Rich, admitted a breach of Rule 869(2). The particulars of the charge are that the Respondent, as the Driver of PACING HOPE in the race, used his whip with more than a wrist flicking motion in the run home.
Rule 869 provides that:
(2) No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Whip and Rein Regulations provide:
3.1 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 Respondent endorsed the Information “I do admit a breach of the Rule” and confirmed he understood the Rule and the nature of the charge.
EVIDENCE:
Senior Stipendiary Steward, Steve Mulcay, showed a video replay of the final 200 metres of the race. He pointed out PACING HOPE, driven by the Respondent, easing off the markers just prior to the home turn and then improving widest on the track to obtain clear running. Mr Mulcay showed that the Respondent commenced using his whip, and continued to use it, in more than a wrist only flicking motion. He said that there had been compliant strikes in between and, therefore, Stewards considered that the breach was a low-level one.
The Respondent said that the breach was “self-explanatory”.
DECISION:
The charge is admitted by the Respondent and is therefore deemed proved.
SUBMISSIONS FOR PENALTY:
Mr Mulcay said that, given that the breach was low-level, that the Respondent had admitted the breach and had a clear record, Stewards believed that a fine of $200 was appropriate.
The Respondent had no submission in relation to penalty.
REASONS FOR PENALTY:
The Adjudicative Committee noted that the Respondent, an Amateur Driver, has had 162 career drives (6 this season and 13 last season). He has a clear record under this Rule and has admitted the breach.
The breach is low-level, as defined in the HRNZ Whip Penalty Guide – “when a driver inadvertently reverts to the old style (freehand, loose-reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style”. The prescribed penalty range, for a first offence, low-level breach, is a fine of $200 – $400.
There are no relevant aggravating or mitigating factors. A fine at the lower end of the Penalty Guide range is appropriate.
CONCLUSION:
The Respondent, Amateur Driver Warren Rich, is fined $200.
Decision Date: 28/10/2022
Publish Date: 31/10/2022