NZ Metro TC 9 June 2024 – R1 – Neil John Henry Munro

BACKGROUND:

Following the running of Race 1, Gold Band Taxis (Amateur Drivers) Mobile Pace, Advanced Amateur Driver, Neil Munro, admitted a charge that, as the Driver of KNOCKSHANBALLY in the race, he used his whip in more than a wrist flicking motion and in a continuous manner in the run home.

Rule 869 provides as follows:

(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.

The Whip and Rein Regulations provide:

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

3.3     A driver shall not use a whip in an unapproved manner.

 3.2     For the purposes of 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:

 3.4.2    If the whip is applied excessively, continuously, or without allowing the horse time to respond.

EVIDENCE:

Stipendiary Steward, Paul Williams, showed a video replay of the final 200-300 metres of the race. Stewards were alleging that the Respondent had used his whip in a continuous manner and in more than a wrist flicking motion for the majority of the home straight.

Mr Williams pointed out, on the replay, the Respondent improving rapidly, 3-wide as the field turned into the final straight. Mr Williams alleged that there were 14 strikes from that point, with a small break in between.

The Respondent said that the evidence was clear and he did not dispute the alleged number of strikes. He had misunderstood the Whip Rules, believing that his actions were acceptable, so long as he had the reins in both hands.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 6 drives this season and 17 last season. He has a clear record under the Whip Rules.

Mr Renault said the breach was a mid-range. The Penalty Guide recommended starting point for penalty is a $500 fine or a 2-days suspension. He stated that the Respondent has indicated that he would prefer a suspension.

The Respondent confirmed that he would prefer a term of suspension over a fine.

REASONS FOR PENALTY:

Whether the breach is classed as low-level or medium-level, the RIB Harness Racing Penalty provides a starting point, in the case of a suspension, of 2 days. The breach probably sits somewhere between low-level and medium-level. The whip use was in more than a wrist only flicking motion and the strikes, while not forceful, did extend for almost the entire length of the straight and was, therefore, continuous.

The Respondent won the race, but the Adjudicative Committee did not find that he had gained an advantage, the winning margin being a comfortable 2 lengths.

The Respondent prefers a suspension and the breach can appropriately be dealt with by way of a suspension of 2 days.

On the usual basis, a 2-days suspension for an Amateur Driver equates to 1 month (one drive a fortnight).

CONCLUSION:

Advanced Amateur Driver, Neil Munro, is suspended from after the conclusion of racing on 9 June 2024, up to and including 9 July 2024 – 2 days.