Auckland TC 11 September 2026 – R7 – Stephanie Burley

INTRODUCTION

Following the running of Race 7, Junior Driver Stephanie Burley, admitted a breach of the Whip Rules in that, as the Driver of BOLT FOR THE HILL “she used her whip in a continuous manner in the the run home”.

In accordance with clause 23.2 of the Common Rules of Practice, it was explained to Ms Burley that as a Junior Driver, Ms Burley is entitled to support during a hearing of this nature.  Ms Burley understood this entitlement and waived her right. She advised the Adjudicative Committee that she has been a Junior Driver for 11 years and is shortly to be granted a Senior Drivers Licence.

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

Using the race films, Mr Mulcay demonstrated the breach.  He pointed out that over the concluding stages, BOLT FOR THE HILL, driven by Ms Burley, was racing on the outside of the eventual race winner (FATHER BARRY) and challenging for the lead.  In the subsequent tight finish, BOLT FOR THE HILL finished second.

Mr Mulcay pointed out that Ms Burley used the whip in a rapid continuous manner on about 13 occasions and was therefore in breach of the Rule.  He said that the breach was assessed as low-level.

In response, Ms Burley agreed with Mr Mulcay’s assessment of the breach. She had nothing further to add.

DECISION

The charge, having been admitted, was found proved.

SUBMISSIONS FOR PENALTY

Mr Mulcay submitted that Ms Burley has a clear record, but she had received a warning on 7 August 2026 for a similar breach.

The Penalty Guide starting point for a low-level, first breach is a $300 fine or a 2-days suspension.

Ms Burley advised that she preferred a suspension as opposed to a fine.

REASONS FOR PENALTY

The Penalty Guide provides that there is no definition of ‘continuous use’ and suggests that charges under the Rule be treated on a fact dependent basis.  For the sake of clarity, continuous can include several strikes in rapid succession without any discernible respite.

Having reviewed the films and the nature and application of the whip strikes, the Adjudicative Committee assessed the breach as low-level.

The  Penalty Guide provides a starting point for a low-level, first breach, of a $300 fine or a 2-days suspension.

Taking into account Ms Burley’s good record, her admission of the breach, the low-level nature of the breach, and her preference for a suspension rather than a fine, the Adjudicative Committee determined that a two-day suspension was an appropriate penalty. Accordingly, Ms Burley’s Licence to drive in races is suspended for two North Island race days.

CONCLUSION

Junior Driver Ms Burley is suspended for two days, commencing after racing on 11 September and concluding after racing on 18 September 2026.