Banks Peninsula TC 8 January 2023 – R1 – Robert Anderson
ID: RIB13853
Animal Name:
CONNIES PRESIDENT
Code:
Harness
Race Date:
08/01/2023
Race Club:
Banks Peninsula Trotting Club
Race Location:
Motukarara Racecourse - 43 Duck Pond Road, Motukarara, 7672
Race Number:
R1
Hearing Date:
08/01/2023
Hearing Location:
Motukarara Raceway
Outcome: Proved
Penalty: Open Driver, Robert Anderson suspended for 3 days
Following the running of Race 1, Enterprise Recruitment Trot, the Respondent, Open Driver, Robert Anderson, as the Driver of CONNIES PRESIDENT in the Race, admitted a charge of using his whip free of the rein on one occasion in the run home.
Rule 869 provides:
(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.
EVIDENCE:
Stipendiary Steward, Shane Renault, showed a video replay of the final 300 metres of the Race. He pointed out CONNIES PRESIDENT, driven by the Respondent, the 2nd-widest runner on the track as the field turned into the final straight and being driven forward with the reins only, and the Respondent having the whip under his arm. Just after passing the 200 metres, he turned his whip and used it on one occasion, free of the rein, Mr Renault said.
The Respondent commented that he realised what he had done as soon as he had done it.
The Adjudicative Committee noted that CONNIES PRESIDENT finished in 2nd placing, beaten by ¾ length.
DECISION:
The charge is admitted and is therefore deemed proved.
SUBMISSIONS FOR PENALTY:
Mr Renault said that the Respondent had 11 drives last season and this drive was his third in the new season. He has a previous breach on his record – on 1 January 2023 at Rangiora HRC, one strike free of the rein, fined $200.
For a second breach, the penalty starting point is a 3-5 day suspension, Mr Renault said. The breach was low-level and a 3-day suspension was appropriate, he submitted.
REASONS FOR PENALTY:
The Adjudicative Committee agreed with Mr Renault’s submission that this breach was low-level as defined in the HRNZ Whip Penalty Guide, that is to say – “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 breach comprised a single strike free of the rein.
For a second low-level breach such as this, the starting point for penalty is a 3-5 day suspension. In this case, there are no relevant aggravating or mitigating factors to consider and a penalty at the lower end of that range is appropriate.
The Respondent said the breach was minor, involving only one “flick”, he said. He did not seek a deferment.
CONCLUSION:
The Respondent, Open Driver, Robert Anderson, is suspended for 3 days commencing on 9 January 2023 and concluding on 17 January 2023.
Decision Date: 08/01/2023
Publish Date: 12/01/2023