Banks Peninsula TC 22 September 2024 – R6 – Zev Meredith

BACKGROUND:

Following the running of Race 6, Townley Racing (Junior Drivers) Mobile Pace, Junior Driver, Zev Meredith, admitted a charge that, as the Driver of BROMAC TIMES in the race, he “used his whip with more than a wrist flicking motion in the run home”.

He was assisted at the hearing by HRNZ Development Co-Ordinator, Roddy Butt.

Rule 869 provides:

(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.

 3.2     For the purposes of clause 3.1, “wrist only flicking motion” means:

 3.2.1    Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

EVIDENCE:

Stipendiary Steward, Matt Sole, showed a video replay of the final 200-300 metres of the race. He pointed out BROMAC TIMES, driven by Mr Meredith, racing three places back in the running line, as the field neared the home turn. He then showed that, after turning for home, Mr Meredith shifted off the back of the runner in front of him and, as he did so, he commenced using his whip, and did so in more than a wrist only flicking motion on three clear occasions. Following those strikes, Mr Meredith reverted to a compliant style when his runner began to tire.

Mr Meredith accepted that there had been three strikes in more than a wrist only flicking motion.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said that Mr Meredith has had 495 lifetime drives, 134 this season. Mr Sole provided details of Mr Meredith’s record under the Whip Rules:

6.8.2024 at Waikato BOP Harness – suspended 3 days

3.9.2024 at Waikato BOP Harness – suspended 4 days

Mr Sole submitted that this breach was low-level, there being only three non-compliant strikes. The Penalty Guide starting point for a second, low-level breach is a 3-days suspension and, accordingly, an appropriate penalty for this breach would be a 4 or 5 days suspension, being a third breach.

Mr Meredith said that his whip use is becoming a “recurring problem” and he is attempting to improve his action. He submitted that another suspension will do him no good, and he asked the Adjudicative Committee to consider a fine or a combined penalty of a shorter period of suspension and a fine. He is not improving by not being on the track, he said.

Mr Butt said that Mr Meredith had travelled to the races from the North Island, in support of the Blue September fundraiser. He had given up his time for a great cause, he said.

Mr Meredith sought a deferment of suspension until after the meeting of Waikato BOP H on 24 September 2024.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023) provides a starting point for penalty of a 3-days suspension for a low-level, second breach. The Adjudicative Committee accepts that this particular breach is a low-level one. There were only three non-compliant strikes. A low-level breach is defined as “when a Driver inadvertently reverts to the old style (freehand, loose-reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style”.

Having regard to the mitigating factors in this case – Mr Meredith’s admission of the breach, his Junior Driver status and, in particular, the low-level nature of the breach, the Adjudicative Committee is satisfied that the appropriate penalty is a suspension of 4 days.

The Adjudicative Committee is pleased to note that Mr Meredith has been referred to the HRNZ Development Co-ordinator, Mr Roddy Butt, to assist with his issues regarding use of the whip.

CONCLUSION:

Junior Driver, Zev Meredith, is suspended from after the close of racing on 24 September 2024, up to and including 8 October 2024 – 4 days.