NZ Metro TC 16 February 2024 – R7 – Korbyn Newman

Summary of Facts:

Following the running of Race 7, the Respondent Junior Driver Korbyn admitted a breach of Whip Rule 869(2).  The particulars of the charge are that when driving MIGHTY LOOEE he used his whip with more than a wrist flicking motion in the run home and in a continuous manner. 

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.

Mr Newman stated that he did not require assistance at the hearing.

Stipendiary Steward Shane Renault used available video footage to demonstrate the breach. He pointed out Mr Newman driving MIGHTY LOOEE racing in the trail on the pylons as the field turned for home. Mr Renault showed that Mr Newman drew his whip and used it in a continuous manner with some pauses over the early stages of the run home. He pointed out Mr Newman then use his whip with more than a wrist flicking motion on 3 occasions, before reverting back to a compliant style of whip use from the 50m, for the remainder of the race.

Mr Newman stated that he had been trying hard to improve his whip action and been clear of breaches of this Rule for a while. He concurred that he was in breach of the Whip Rules.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Renault produced the Respondent’s record, which indicated a clear record, apart from a warning at Nelson on 14 January 2024.

He stated that the Penalty Guide provided a $300 fine or 2 day suspension as starting point for an initial breach of this Rule within a 2 month period.

Mr Renault said that Stewards assessed the breach to be low-level and submitted that Mr Newman’s frank admission of the breach and his status as a Junior Driver, be taken into consideration. He added that a fine of $250 be considered as penalty.

Mr Newman agreed with Mr Renault’s submissions on 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 also assessed the breach as low-level.

The Penalty Guide provides a 2-day suspension or $300 fine for a low level initial breach of this Rule within a 2 month period.

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

It was determined that there were no aggravating factors to consider, therefore no uplift was warranted.

There were mitigating factors to consider, that being Mr Newman’s frank admission of the breach and his status as a Junior Driver. For these mitigating factors, a combined discount was warranted, which was set at $50.

Conclusion:

The Respondent, Mr Newman is fined the sum of $250.