NZ Metro TC 9 June 2024 – R4 – Richard Terence May

BACKGROUND:

Following the running of Race 4, “Camelot” 1984 NZ Cup Winner Mobile Pace, Open Driver, Ricky May, denied a charge that, as the Driver of BETTOR LOVER in the race, he used his whip free of the rein on one occasion 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

EVIDENCE:

Stipendiary Steward, Shane Renault, showed a video replay of the final 200 metres of the race. He pointed out BETTOR LOVER, driven by the Respondent, racing in the one-out, one-back position and being drawn out to challenge as the field turned into the final straight.

Mr Renault then showed the Respondent, shortly after turning for home, place the reins in his left hand and attempt to activate gear. He had then gone to regather the reins but missed and, before regathering, he used his whip on one occasion free of the rein free, Mr Renault said. The horse finished in 3rd placing.

The Respondent said that his horse had been giving him steering problems from prior to the home turn. It was hanging badly, he said. It should have come straight out but, instead, it had allowed the two horses to its outside go past. It should have been in front of them, he said.

The Respondent added that he did attempt to grab the rein but missed it, because the horse was hanging so badly.

DECISION:

The charge is found proved.

REASONS FOR DECISION:

The Respondent had, quite clearly as shown on the video replay, used his whip on one occasion, as alleged by the Stewards, albeit during the time when he had missed regathering the reins, and before regathering them. While it was unfortunate that this happened, and possibly it would not have happened but for this, the Respondent still had the option of not using his whip but decided to do so and, therefore, the Adjudicative Committee finds the charge proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 220 drives this season and has only a warning (18 drives ago on 23 May) on his record, for using his whip free of the rein. The Penalty Guide starting point is a $300 fine, Mr Renault said.

The Respondent said that seemed steep. The breach would not have occurred had the horse not been hanging. He had made an attempt to grab the other rein and thought that he had it.

REASONS FOR PENALTY:

The Adjudicative Committee noted that the starting point for penalty under the RIB Harness Racing Penalty Guide is a $300 fine. The breach was low-level and the Respondent has a clear record. In arriving at a fine of $250, the Adjudicative Committee took those factors into account, together with the explanation given by the Respondent. There were no aggravating factors.

CONCLUSION:

Open Driver, Ricky May, is fined $250.