NZ Metro TC 9 May 2025 – R4 – Henry Sail

Following the running of Race 4, Woodlands Stud “All Star Five” Handicap Pace, Junior Driver, Henry Sail, admitted a breach of the Whip Rules in that, as the Diver of HOMEBUSH LAD in the race, “he used his whip in a continuous manner rounding the final bend and the run home”.

Mr Sail, a Junior Driver, was assisted at the hearing by Open Driver, Kimberly 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:

3.3     A driver shall not use a whip in an unapproved manner.

 3.4     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, Mr Lomey, showed a video replay of the final 200-300 metres of the race. He pointed out HOMEBUSH LAD, driven by Mr Sail, being drawn out from the one out/one back position as the field neared the home turn.

Mr Lomey then showed that Mr Sail had, from that point to the finishing line, used his whip in a continuous manner on an estimated 30 occasions. HOMEBUSH LAD finished in 5th placing, over 10 lengths from the winner.

Neither Mr Sail nor Ms Butt wished to comment.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Lomey said that Stewards believed the breach to be in the mid-level range. The Penalty Guide starting point for such a breach is a $500 fine or a 2-days suspension. Mr Sail has a clear record, he said.

Mr Sail said that his preference is for a term of suspension. He did not seek a deferment.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty for a first, high-level breach of a 3-days suspension. A “high-level breach” is defined as when a driver “shows total disregard for the Regulations and does not return to a compliant style”. The Adjudicative Committee sees this particular breach as being high-level, within that definition.

There are no relevant aggravating or mitigating factors to warrant a departure from the Penalty Guide starting point.

Mr Sail has indicated a preference for a suspension, rather than a fine. He did not require a deferment, he said.

CONCLUSION:

Mr Sail’s Junior Driver’s Licence is suspended from after the close of racing on 9 May 2025, up to and including 18 May 2025 – 3 days.