NZ Metro TC 11 November 2025 – R12 – Luke McCarthy

Following the running of Race 12, IRT New Zealand Trotting Cup, Open Driver (Australia), Luke McCarthy, admitted a breach of the Whip Rules in that, as the Driver of KINGMAN in the race, he “used his whip with 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:

Chief Stipendiary Steward, Nigel McIntyre, showed a video replay of the final 200 metres of the race. He pointed out KINGMAN, driven by Mr McCarthy, disputing the lead, 3-wide, as the field turned into the final straight. He then showed Mr McCarthy, shortly after straightening, activate gear before using his whip on two clear occasions in, what was more than a wrist only flicking motion, before reverting to a compliant style to the finishing line.

Mr McCarthy’s only comment was that he “just got a bit excited”.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre referred to the Penalty Guide starting point for a first breach in a Group 1 race of a 7-days suspension. That starting point is for a mid-range breach and Stewards saw this breach as being at the low end of the scale. Accordingly, Stewards’ submission is for a 5-days suspension, Mr McIntyre said.

Mr McIntyre pointed out that the Penalty Guide also makes provision for, in addition to a suspension, a fine of 12.5% of the Driver’s share of the stake money. The percentage, in this case, was $3,375, he said.

Mr McCarthy said he wished to drive at Wagga (Australia) on 14 November and sought a deferment.

REASONS FOR PENALTY:

The Adjudicative Committee finds that the breach was in the category of low-level – only two non-compliant strikes. As pointed out by Mr McIntyre, the appropriate starting point for a mid-level breach is a 7-days suspension. For a low-level breach, which is clearly the case in this instance involving only two non-compliant strikes, a reduction from that starting point needs to be applied. The Adjudicative Committee applies a 2-days reduction, with the resultant penalty being a suspension of 5-days.

CONCLUSION:

The application for a deferment is granted.

Driver, Luke McCarthy, is suspended from after the close of racing on 14 November 2025, up to and including 20 November 2025, after which date he may drive – 5 days. The meetings intended to be encompassed by the period of suspension are at Menangle on 15 November, Canberra on 17 November, Wagga on 18 November, Bathurst on 19 November and Penrith on 20 November.

In addition, Mr McCarthy is fined the sum of $3,300.