NZ Metro TC 11 October 2024 – R9 – Korbyn Newman

Summary of Facts:

Following the running of Race 9, the Respondent Junior Driver Korbyn Newman admitted a breach of Whip Rule 869(2).  The particulars of the charge are that “when driving HEISENBERG he used his whip with more than a wrist flicking motion and in a continuous manner over the final 400m.”

Rule 869 provides that:

(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.

As a senior Junior Driver, Mr Newman did not require assistance at the hearing.

Chief Stipendiary Steward Nigel McIntyre used available video footage to demonstrate the breach. He pointed out Mr Newman driving HEISENBERG, racing on the pylons towards the rear of the field approaching the 300m. Mr McIntyre showed that Mr Newman drew his whip and used it between the 300m and 150m, with more than a wrist flicking motion and in a continuous manner. Mr Newman, he said, went back to a compliant style of whip use for the remainder of the race.

Mr Newman stated that HEISENBERG was a bludger and needed encouragement, but added that was no excuse for his offending. 

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr McIntryre produced the Respondent’s record, which indicated a clear record.

Mr McIntyre said that Stewards assessed the breach to be mid-level. He said that the starting point for an initial mid range breach of this Rule was a 2 day suspension or $500 fine. He submitted that a penalty commensurate with the Penalty Guide be considered as penalty.

Mr Newman stated that he would prefer a suspension as penalty. He did not seek a deferment of suspension, requesting any suspension begin as soon as possible.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee also assessed the breach as mid-level.

The Penalty Guide provides a 2-day suspension or $500 fine starting point, for a first breach of this Rule within a 2-month period.

It was determined that there were no aggravating factors to consider, therefore no uplift was warranted.

After taking Mr Newman’s submissions into consideration, this Adjudicative Committee determined that a suspension was appropriate in this case.

After taking consideration of all factors, the Adjudicative Committee deemed a 2-day suspension to be an appropriate penalty.

Conclusion:

The Respondent is suspended for a period of 2 days, commencing after racing today, Friday 11 October 2024, up to and including 18 October 2024. Relevant race days encompassed in this period of suspension are Addington – 16 October 2024 and Addington – 18 October 2024.