Rangiora HRC 30 April 2023 – R5 – Carter Dalgety

BACKGROUND:

Following the running of Race 5, Russell Stalker and Warner Donald Mobile Pace (Junior Drivers), Junior Driver, Carter Dalgety, as the Driver of MILLWOOD INDIE in the race, admitted a charge of using his whip in more than a wrist flicking motion in the run home.

The Respondent was assisted at the hearing by Open Driver, Blair Orange.

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, Paul Williams, showed a video replay of the final stages of the race. He pointed out MILLWOOD INDIE, driven by the Respondent, in the lead as the field turned into the final straight. It was alleged by Stewards that the Respondent had used his whip in more than a wrist only flicking motion on at least 9 occasions in the run home, but it was accepted that the strikes were broken up. The breach was low-level, he submitted.

The Respondent said that he had not used his shoulder and his whip use was more of a “flick down” with the wrist. It did not look bad and was a low-level breach, he submitted.

Mr Orange said that there were only 2 or 3 strikes that were more than a wrist flicking motion, and certainly not 9 as alleged.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Respondent had received two warnings recently concerning his whip use, but his record is clear. The starting point for penalty for a first offence, low-level breach is a fine of $300. That is an appropriate fine for this breach, he submitted.

The Respondent said that $300 is a significant fine for a Junior Driver. He had only one drive at today’s meeting, he said. Mr Orange pointed out that the Penalty Guide is a starting point.

Mr Williams said that Stewards would accept the penalty decision of the Adjudicative Committee.

REASONS FOR PENALTY:

The Adjudicative Committee noted that the Respondent has had 65 drives to date in the current season and, in the 2022 season, he had a total of 171 drives. For a Junior Driver, he is very busy, making his record that much better.

The Adjudicative Committee accepts the submission of the Stewards that the breach was low-level (“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”).

For such a first offence, low-level breach, the RIB Harness Racing Penalty Guide (February 2023) suggests a starting point for penalty of a $300 fine. As pointed out by Mr Orange, the Penalty Guide is only a starting point. However, it is not usual for a discount to be given.

After giving consideration to the matter in this case, the Adjudicative Committee has decided that, on this occasion, it is appropriate for a small discount to be given, having regard to the fact that it is not a serious breach of the Whip Rules and, in particular, to the Respondent’s status as a Junior Driver. Penalty discounts have been given to Junior Drivers in some cases recently.

CONCLUSION:

The Respondent, Junior Driver, Carter Dalgety, is fined $250.