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Invercargill HRC 15 September 2023 – R4 – Chelsea Faithful

ID: RIB27484

Respondent(s):
Chelsea Faithful - Junior Driver

Applicant:
Mr Vinny Munro, Stipendiary Steward

Adjudicators:
Geoff Hall

Information Number:
A17134

Decision Type:
Race Related Charge

Charge:
Whip used with more than a wrist flicking motion

Rule(s):
869(2) - Contravention whip rule

Plea:
Admitted

Animal Name:
TARTAN RAIDER

Code:
Harness

Race Date:
15/09/2023

Race Club:
Invercargill Harness Racing Club

Race Location:
Ascot Park Raceway - 29 Findlay Road, Ascot, Invercargill, 9810

Race Number:
R4

Hearing Date:
15/09/2023

Hearing Location:
Invercargill

Outcome: Proved

Penalty: Junior Driver Chelsea Faithful is fined $350

Mr Munro alleged that in Race 4, Ms Faithful (TARTAN RAIDER) used her whip with more than a wrist flicking motion in the run home.

Mr Munro demonstrated the incident on the videos. As the field exited the home bend and proceeded to race down the straight, the Respondent, who was racing first in the trail and then in the passing lane, used her wrist in more than a flicking motion.

Ms Faithful accepted that it was clear on the videos that she had breached the Rule. She said she was using a borrowed stick, and the height of her whip action made it look worse than perhaps it was.

It was agreed that she had returned to a compliant style.

Decision

As Ms Faithful has admitted the breach, it is found to be proved.

 Submissions for Penalty

Mr Munro produced the Respondent’s record which showed that this was Ms Faithful’s first drive this season and she had not driven since the 2020/21 season. Mr Munro said Ms Faithful had reverted to the old style whip use for some distance and submitted the breach was mid-range.

The starting point for a first mid-range breach is a fine of $500 or a 2-day suspension. Ms Faithful submitted a suspension was appropriate or a fine and suspension. Mr Munro opposed this, stating that Ms Faithful only had 2 horses in racing trim and it was unlikely she would drive at the next 2 Southern meetings. Ms Faithful agreed this was the case and asked that the Adjudicative Committee have regard to the fact she was a Junior Driver, and to her means.

Reasons for Penalty

The breach is mid-range. Ms Faithful has used her whip in breach of the Whip Rule and the Whip and Rein Regulations, for a period at the top of the home straight and then in the passing lane. She has returned to a compliant style about halfway up the passing lane. The Penalty Guide provides a starting point of a fine of $500 or a 2-day suspension for a first such breach. Mitigating factors are that Ms Faithful has admitted the breach at the first opportunity, she is a Junior Driver, this was the first time she had driven since the change in the Whip Rules, and some lenience was given to Drivers at the time the Rules were changed.

Conclusion

Ms Faithful is fined the sum of $350.

Decision Date: 15/09/2023

Publish Date: 18/09/2023