NZ Metro TC 21 June 2024 – R1 – Warren Frost

BACKGROUND:

Following the running of Race 1, IRT. Your Horse. Our Passion. NZ Amateur Drivers Championship (Heat 2) Mobile Pace, Advanced Amateur Driver, Warren Alfred Frost, admitted a charge that, as the Driver of ARCHIE in the race, he used his whip in a continuous manner in the home straight.

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, Shane Renault, showed a video replay of the final 200-300 metres of the Race. He pointed out ARCHIE, driven by the Respondent, racing outside the leader as the field turned into the final straight.  He alleged that, from the home turn, the Respondent used his whip continuously a number of times in the “mid-twenties”, from that point to the finishing line. The horse finished in 2nd placing.

The Respondent said that he was using a new whip and, also, he was trying to reach forward. His runner was in contention and it kept giving. He had not even received a caution previously for using his whip continuously, he said.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 79 lifetime drives – 6 drives this season and 9 last season. He has a clear record under the Whip Rules.

Mr Renault said that Stewards saw the breach as being mid-range. He pointed out that the Penalty Guide recommended starting point for penalty for a mid-range, first breach is a $500 fine, or a 2-day suspension. He stated that the Respondent has indicated that he would prefer a suspension, and Stewards had no objection.

The Respondent confirmed that he would prefer a term of suspension over a fine. He wished any term of suspension to commence immediately after racing on 23 June 2024, after the final two rounds of the Amateur Drivers Championship.

REASONS FOR PENALTY:

The Adjudicative Committee finds that the breach is medium-level. The RIB Harness Racing Penalty provides a starting point, in the case of a suspension, of 2 days. It was not alleged that the whip use, on this occasion, involved more than a wrist only flicking motion but the strikes, while not forceful, were high in number and did extend for almost the entire length of the straight and were, therefore, continuous.

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

CONCLUSION:

Advance Amateur Driver, Warren Frost, is suspended for 1 month (2 days) commencing on 24 July 2024 up to and including 23 August 2024.