Amberley TC 6 February 2023 – R8 – John Dunn

BACKGROUND:

Following the running of Race 8, Rangiora Equine Services “Amberley Cup”, the Respondent Driver, John Dunn, as the Driver of DASHING MAJOR in the race, admitted a charge of using his whip with more than wrist flicking motion 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 DASHING MAJOR, driven by the Respondent, in the lead as the field turned into the final straight. Shortly thereafter, the Respondent commenced using his whip.

Mr Renault said that the Respondent considered that only one strike was with more than a flicking motion. The Stewards were of the view that there were 3-4 such strikes, Mr Renault submitted, and he was able to show this with reference to the video replay. However, the Respondent had admitted the breach.

DECISION:

The breach is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 91 drives this season and in the 2022 season he had 813 drives. He has a clear record as far as whip breaches are concerned, his last breach being 507 drives ago. This represents  an excellent record, Mr Renault said.

The breach is low-level and, being a first offence, the Penalty Guide starting point is a fine of $300 or a 2-days suspension.

The Respondent asked for a fine rather than a suspension.

REASONS FOR PENALTY:

The Adjudicative Committee found that this breach was low-level as defined in the 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 Adjudicative Committee is satisfied that there were at least 4 non-compliant strikes.

For a low-level first offence, the RIB Harness Racing Penalty Guide (effective 1 February 2023) suggests a $300 fine or a 2-days suspension. A fine is the appropriate penalty in this case.

CONCLUSION:

The Respondent, Driver John Dunn, is fined $300.