NZ Metro TC 7 June 2024 – R2 – Ross Houghton

Summary of Facts:

Following the running of Race 2, the Respondent, Open Driver Ross Houghton admitted a breach of Whip Rule 869(2).  The particulars of the charge are that when driving KAIRAKI CHARM he used his whip with more than a wrist flicking motion from the 400m to the 200m. 

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.

3.1 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 Shane Renault used available video footage to demonstrate the breach. He pointed out Mr Houghton driving KAIRAKI CHARM, racing 4 back on the pylons as the field approached the 400m. Mr Renault showed that Mr Houghton drew his whip near the 400m and used it on 14 to 15 occasions with more than a wrist flicking motion, before reverting back to a more compliant style of whip use near the 200m. Mr Renault stated that the breach was high level due to the number of strikes, the distance over which the strikes were inflicted, and the force used.

Mr Houghton concurred that he was in breach of the Rules before the home turn, but submitted that his use of the whip in the home straight was compliant and were only flicks. 

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Renault produced the Respondent’s record, which indicated a clear record. He added that Mr Houghton had driven on 18 occasions so far his season, with 18 drives last season.

He said that Stewards assessed the breach to be high-level, due to the reasons set out in submissions. Mr Renault stated that the Penalty Guide provided a 3-day suspension for a 1st breach, high level offence under this Rule and submitted that a 3-day suspension be considered as penalty.

Mr Houghton submitted that the breach was only mid-level, due to his submission that the strikes imposed in the straight were compliant. He added that a suspension was preferred as penalty and that he did not seek a deferment of penalty.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the breach, the Adjudicative Committee also assessed the breach as high-level, due to the continuous nature of the strikes from the 400m to the 200m, the number of strikes and the force imposed.

The Adjudicative Committee found that all the strikes, 14 to 15, as alleged by the Stewards, were imposed with more than a wrist flicking motion.

The Penalty Guide provides a 3-day suspension starting point for a first breach of this Rule for a high-level offence.

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

Taking all factors into account, the Adjudicative Committee determined that a 3-day suspension was an appropriate penalty in this case.

Conclusion:

The Respondent is suspended for a period of 3 days, commencing after racing on Sunday 9 June 2024, up to and including 21 June 2024. The meeting at Addington on 9 June was not included in penalty as Drivers were already declared. Relevant race days encompassed in this period of suspension are Addington Meetings on 14 June, 16 June and 21 June 2024.