Westport TC – 26 December 2022 – R7 – Ben Hope

BACKGROUND:

Following the running of Race 7, Pulse Energy Westport Cup Handicap Pace, the Respondent, Junior Driver Ben Hope, as the Driver of HOMEBUSH LAD in the race, admitted a charge of using his whip in a continuous manner in the run home.

Mr Williams told the Committee that, prior to indicating a plea to the charge, the Respondent had received advice from Open Driver, Carl Markham. The Respondent did not require assistance at the hearing.

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:

3.3      A driver shall not use a whip in an unapproved manner.

3.4      For the purposes of Clause 3.3 a driver shall be deemed to have used the whip in an   unapproved manner in the following circumstances which are not exclusive:

3.4.2  If the whip is applied excessively, continuously, or without allowing the horse time to respond.

EVIDENCE:

Stipendiary Steward, Paul Williams, showed a head-on video replay of the final 350 metres of the Race. He pointed out HOMEBUSH LAD, driven by the Respondent, racing outside the leader and taking the lead as the field neared the home straight. From early in the run home, the Respondent commenced to use his whip, and did so in a continuous manner throughout the run home, approximately 20 uses, Mr Williams said, with only a couple of brief pauses. Stewards were not contending that the whip use involved more than a wrist only flicking motion, and a number of the strikes were through the tail, he said. The Respondent’s whip use was continuous but not excessive, Mr Williams said.

The Respondent agreed that his whip use was continuous, but many were through the tail and not “strikes”, he said.

DECISION:

The charge is admitted and therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Paul Williams, produced the Respondent’s record – 337 drives this season and 515 last season. He is a leading Junior Driver, and a very busy one, he said. He has a recent breach involving continuous use on his record – at Rangiora on 18 December, fined $250, 12 drives ago. Mr Williams submitted that a term of suspension is appropriate and that it should be 3 days.

The Respondent was questioned as to his likely driving engagements over the next week or so. After considering the matter, the Respondent advised that he seeks a deferment of suspension until after the meeting of Rangiora HRC on 1 January 2023. He said that he was intending to drive over the Central Otago circuit the following week, where his parents’ stable had horses racing, and there was a Junior Drivers’ race.

REASONS FOR PENALTY:

The Committee found that this breach was medium-level. The Committee notes that the starting point for penalty for a second breach involving continuous use is, a 3-5 day suspension. The breach was no worse than medium-level. Mr Williams’ submission was for a 3-day suspension and that is an appropriate in all of the circumstances.

CONCLUSION:

The Respondent, Junior Driver Ben Hope, is suspended for 3 days, commencing on 2 January 2023 and ending after 6 January 2023.