NZ Metro TC 23 July 2023 – R6 – John Dunn

Summary of Facts:

Following the running of Race 6, the Respondent John Dunn, Open Driver,  admitted a breach of Whip Rule 869 (2) and the Whip & Rein Regulations.

The particulars of the charge are that when driving STRAIGHT FLUSH, he used his whip with more than a wrist flicking motion 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.

Regulation 3.1 reads as follows;

3. USE OF THE WHIP

 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.

Stipendiary Steward Matthew Sole used available video footage to demonstrate the alleged breach. Mr Sole pointed out Mr Dunn draw his whip and use it with more than a wrist flicking motion on seven occasions over the concluding stages of the race.

In response, the Respondent, Mr Dunn, advised the Adjudicative Committee that the horse was proving difficult to steer as it was hanging in when  running on well and he was trying to drive it out. This, he said meant that his right arm was back and when using the whip, he engaged his elbow.

Decision:

As Mr Dunn has admitted the breach, it is therefore found proved.

Submission For Penalty:

Mr Sole stated that Mr Dunn’s driving statistics showed 813 drives last season, with 435 to date this season. He also stated that Mr Dunn had a clear record in regard to the Whip Rule over the previous 6 month reset period. He said that this breach was mid-level and with the Penalty Guide providing a $500 fine for a mid-range 1st breach, he submitted that a fine commensurate with the Penalty Guide be considered as penalty.

The Respondent submitted that a $500 fine was high and asked for consideration in regard to the horse’s contribution to the incident, and his good record, in assessing penalty.

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 agreed with the Stewards and assessed the breach as mid-level.

The Penalty Guide provides a $500 fine as a starting point for mid range first breach of this Rule.

Taking into consideration Mr Dunn’s good record, his frank admission of the breach and the number of drives undertaken, a combined discount was deemed warranted. This discount was set at $100.

Therefore, this Adjudicative Committee determined that a $400 fine was an appropriate penalty in this case.

Conclusion:

Mr Dunn is fined the sum of $400.