NZ Metro TC 23 June 2023 – R6 (heard 25 June 2023 at Addington) – Ricky May

Summary of Facts:

This was an adjourned hearing from the NZ Metro Trotting Club’s meeting on Friday 23 June 2023.

Following the running of Race 6, the Respondent Ricky May, admitted a breach of Whip Rule 869(2) and the Whip and Rein Regulations.  The particulars of the charge are that when driving JACK TAR, he used his whip in a continuous manner 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.

Whip & Rein Regulation 3.4 reads;

3.4 For the purposes 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:
3.4.1 If the whip is applied other than as permitted in clause 3.1.
3.4.2 If the whip is applied excessively, continuously, or without allowing the horse time to respond.

Stipendiary Steward Paul Williams used available video footage to demonstrate the breach.  He pointed out Mr May driving JACK TAR, turn for home, draw his whip and use it continuously on 17 occasions in the run home. Mr Renault stated that the strikes were in a flicking motion and not forceful, it was just the continuous nature of the whip that brought about the charge.

In response, the Respondent advised the Adjudicative Committee that he was in tight quarters over the concluding stages and had to keep driving the horse out to get the best placing, which he submitted was a mitigating factor.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Williams produced the Respondent’s record, which indicated a warning on 12 May 2023 at Addington, for continuous use of the whip.

Mr Williams said that Stewards assessed the breach to be medium-level and submitted that it be dealt with by way of a 2 day suspension or $500 fine, as per the Penalty Guide Starting Point for a mid range 1st offence.

The Respondent submitted that a fine would be preferred and sought mitigation for his record and the tight racing conditions over the concluding stages.

 Reasons For Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee also assessed the breach as mid-level.

The Penalty Guide provides a 2 day suspension or a $500 for a mid range 1st offence breach of this Rule.

The Adjudicative Committee determined that a fine was an appropriate penalty in this case.

There are no aggravating factors to consider, therefore no uplift in penalty required.

There are, however, mitigating factors being, Mr May’s good record and his admission of the breach, which afforded him a combined discount of $100.

Therefore, the Adjudicative Committee determined that a $400 fine was appropriate with this case.

Conclusion:

The Respondent, Mr May, is fined $400.