NZ Metro TC 17 June 2022 – R8 – John Dunn

BACKGROUND:

Following the running of Race 8, Mico Plumbing & Bathrooms Handicap Pace, the Respondent Driver, John Dunn, admitted a breach of Rule 869(2). The particulars of the charge are that, as the Driver of HEISENBERG in the race, he used his whip in more than a wrist only flicking motion in the run home.

Rule 869(2) provides that:

(2)  No driver shall during any race use a whip in contravention of the Use of Whip Regulations made by the Board.

The Whip and Rein Regulations provide:

3  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.

EVIDENCE:

Stipendiary Steward, Paul Williams, showed a video replay of the final 200 metres of the race. He pointed out HEISENBERG,  driven by the Respondent, disputing the lead on the outside as the field entered the final straight. Mr Williams said that Stewards were alleging that the Respondent, initially, used his whip on three occasion with more that a wrist only flicking motion and “on and off” for another 100-150 metres, about 8 strikes in total. The whip use was not continuous as the non-compliant strikes were broken up, he said. Stewards were mainly concerned with the strikes at the top of the straight, he added.

Mr Dunn did not wish to make any comment.

DECISION:

Mr Dunn having admitted the breach it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that The Respondent has a clear record. The breach was low-level and, therefore, Stewards were seeking a fine only, $200 he submitted.

Mr Dunn had no submission to make concerning penalty.

REASONS FOR PENALTY:

Mr Williams has submitted that the breach is low-level and submitted for a fine of $200. A low-level breach is defined as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style”. 

The HRNZ Whip Penalty Guide provides for a penalty range of a fine of $200-400 for a low-level breach. This breach may have been slightly above low-level, but less that medium level.

The Adjudicative Committee noted that the Respondent’s most recent breach of the Whip Rules was on 13 August 2021. He has had 391 drives this season and, in the extended 2020/29021 season, he had 1,208 drives. That is an excellent record. Having regard to that record, a fine at the lower end of the Penalty Guide range is appropriate.

CONCLUSION:

Driver, John Dunn, fined $200.