NZ Metro TC 19 July 2024 – R3 (heard 26 July 2024 at Addington) – Korbyn Newman

ID: RIB44582

Respondent(s):
Korbyn Thomas Newman - Junior Driver

Applicant:
Shane Renault - Stipendiary Steward

Adjudicators:
Russell McKenzie

Information Number:
A20836

Decision Type:
Race Related Charge

Charge:
Using whip in a continuous manner

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regulations

Plea:
Admitted

Animal Name:
The Bloss

Code:
Harness

Race Date:
19/07/2024

Race Club:
NZ Metropolitan Trotting Club Inc

Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024

Race Number:
R3

Hearing Date:
26/07/2024

Hearing Location:
Addington Raceway, Christchurch

Outcome: Proved

Penalty: Junior Driver, Korbyn Newman is suspended for 2 days

BACKGROUND:

Following the running of Race 3, Darren DeFilippi Memorial (Junior Drivers) Handicap Trot, Junior Driver, Korbyn Thomas Newman, admitted a charge that, as the Driver of THE BLOSS in the race, he used his whip in a continuous manner rounding the bend and in the run home.

The Information was filed with the Adjudicative Committee on racenight and adjourned. It was heard at the meeting of NZ Metropolitan TC at Addington Raceway on 26 July.

Mr Newman had endorsed the Information “I do admit a breach of the rule” and he confirmed this at the hearing. A Junior Driver, he declined the opportunity to be assisted at the hearing by a Senior Driver.

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. He pointed out THE BLOSS, driven by Mr Newman, racing in the trail behind the leader approaching the final straight.  Mr Williams showed that Mr Newman commenced using his whip prior to the home turn and continued to use it in a continuous manner, in excess of 20 times, before reverting to a compliant style, approximately 125 metres from the finishing line. The Adjudicative Committee noted that the horse finished in 6th placing, 8 lengths from the winner.

Mr Newman did not wish to comment.

DECISION:

Mr Newman having admitted the charge, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Mr Newman has had 87 drives this season and 137 in the 2023 season. He has a clear record under the Whip Rules.

He said that Stewards saw the breach as being low-level. He pointed out that the Penalty Guide recommended starting point for penalty for a low-range, first breach is a $300 fine, or a 2-days suspension.

Mr Newman confirmed that he would prefer a term of suspension over a fine.

REASONS FOR PENALTY:

The Adjudicative Committee finds that the breach was low-level, as submitted by Mr Williams. The RIB Harness Racing Penalty Guide provides a starting point of a $300 fine or a 2-days suspension for a medium level, first offence. 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 some considerable distance and were, therefore, continuous. It was a clear breach of the Rule.

Mr Newman prefers a suspension.

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

CONCLUSION:

Junior Driver Korbyn Newman, is suspended from after the close of racing on 26 July 2024, up to and including 4 August 2024 – 2 days.

Mr Newman advised that he has no driving engagements for the meeting of NZ Metropolitan TC on 28 July, Drivers for which have been notified.

Decision Date: 26/07/2024

Publish Date: 29/07/2024