Reefton TC 30 December 2024 – R8 – Peter Davis

BACKGROUND:

Following the running of Race 8, M S Moore Contracting Trot, Open Driver, Peter Davis, admitted a breach of the Whip Rules in that, as the Driver of KNOWING ME in the race, he “used his whip in more than a wrist flicking motion in the run home”.

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, Shane Renault, showed a video replay of the final 200-300 metres of the race. Mr Renault pointed out KNOWING ME, driven by Mr Davis, the second widest runner as the field turned into the final straight. After turning for home, Mr Renault alleged, Mr Davis used his whip in more than a wrist only flicking motion, engaging the elbow, on up to ten occasions.  He added that Mr Davis did revert to a compliant style over the final stages of the race.

The Adjudicative Committee noted that KNOWING ME finished in 2nd placing in the 8-horse field, a long neck from the winner.

Mr Davis said he did not dispute Mr Renault’s assessment of the breach. He accepted the alleged count of ten non-compliant strikes.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that Mr Davis has had 116 drives in the 2024 season. He has a clear record, but was warned at Geraldine TC on 7 December last, 12 drives ago. The breach was mid-level, Mr Renault submitted.

Mr Renault then referred to the Penalty Guide starting points for a first, mid-level first breach – $500 fine or 2-days.

Mr Davis expressed a preference for a fine.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty for a mid-level, first breach of a 2-days suspension or a $500 fine. A “mid-level breach” is defined as “when the driver inadvertently uses the old whipping style for approximately 50 metres or more before returning to a compliant style”.  The Adjudicative Committee sees this particular breach as being mid-level, within that definition.

Mr Davis has expressed a preference, in this instance, for a fine. There are no aggravating factors to warrant an uplift from the Penalty Guide starting point for a mid-level breach of a 2-days suspension. He has admitted the breach and has a very good record under the Whip Rules. He also told the Adjudicative Committee of a very recent family bereavement, a part-owner of KNOWING ME, for whom he may have tried too hard to win, he said. For those factors, a reduction in the starting point is warranted and the Adjudicative Committee sets the appropriate discount at $100.

CONCLUSION:

Open Driver, Peter Davis, is fined the sum of $400.