NZ Metro TC 21 June 2024 – R1 – Kimberley Butt

BACKGROUND:

Following the running of Race 6, “The Crossing” Line Handicap Pace, Open Driver, Kimberley Anne Butt, denied a charge that, as the Driver of MASTER CLASS in the Race, she used her whip 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, Shane Renault, showed a video replay of the final 200-300 metres of the Race. He pointed out MASTER CLASS, driven by the Respondent, in 3rd place and one-out in the 6-horse field, turning into the final straight.  Mr Renault showed the Respondent activate gear and, he alleged, from that point, the Respondent used her whip continuously through the straight, on 23 occasions. There were some pauses later in the straight, but too much whip earlier, Mr Renault said. The horse finished in 3rd placing.

The Respondent said that the number of strikes was irrelevant. She submitted that she had broken up her whip use. She accepted that she could have used more pauses, but she believed she had had a break after using the whip in quick succession.

DECISION:

The charge is found proved.

REASONS FOR DECISION:

The Adjudicative Committee was not persuaded by the Respondent’s explanation / defence that her whip use was not continuous. “Continuous” simply means “without a pause or interruption” and the Committee is comfortably satisfied that the Respondent’s whip use, on this occasion, came within that definition. The “pauses” that the Respondent submits were present were barely discernible.

The Adjudicative Committee was satisfied that the Respondent had used her whip continuously in the run home as alleged. She commenced using her whip shortly after turning for home and her whip use, most of which was rapid-fire, continued for almost the entire length of the home straight.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 165 drives this season. She has a clear record under the Whip Rule.

He 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.

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

REASONS FOR PENALTY:

The Committee finds that the breach is medium-level, as submitted by Mr Renault. The RIB Harness Racing Penalty Guide provides a starting point, in the case of a fine, of a $500 fine. 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 fine.

There are no relevant aggravating or mitigating factors to be considered.

CONCLUSION:

Open Driver, Kimberley Butt, is fined $500.