Akaroa TC 30 November 2024 – R11 – Luke Whittaker
ID: RIB48918
Animal Name:
MOET SHARD
Code:
Harness
Race Date:
30/11/2024
Race Club:
Akaroa Trotting Club
Race Location:
Motukarara Racecourse - 43 Duck Pond Road, Motukarara, 7672
Race Number:
R11
Hearing Date:
30/11/2024
Hearing Location:
Motukarara
Outcome: Proved
Penalty: Driver Luke Whittaker was suspended for 5 days
Summary of Facts:
Following the running of Race 11, the Respondent Open Driver Luke Whittaker admitted a breach of Whip Rule 869(2). The particulars of the charge are that when driving MOET SHARD he used his whip with more than a wrist flicking motion and in a continuous manner in the run home.Â
Rule 869 provides that:
(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.
Stipendiary Steward Shane Renault used available video footage to demonstrate the breach. He pointed out Mr Whittaker driving MOET SHARD, racing in a trailing position as the field entered the home straight. Mr Renault showed that Mr Whittaker drew his whip and used it with more than a wrist flicking motion and in a continuous manner for 250 to 300m over the concluding stages.
Mr Whittaker stated that he had just returned from driving in Australia and had forgot the New Zealand Regulations were different to the Australian Rules.
 Decision:
The charge is admitted and therefore proved.
Submissions for Penalty:
Mr Renault produced the Respondent’s record, which indicated a previous breach at Addington on 12 November 2024, where Mr Whittaker received a 3 day suspension.
Mr Renault said that Stewards assessed the breach to be high-level, due to the number of strikes with more than a wrist flicking motion and the continuous manner over 250 to 300m. He said the Penalty Guide starting point for a high level 2nd breach of this Rule was a 5 day suspension. Mr Renault submitted a 5 day suspension, commensurate with the Penalty Guide, be considered as penalty.
Mr Whittaker made no submissions in regard to penalty, apart from requesting any suspension begin as soon as possible.
Reasons for Penalty:
After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee also assessed the breach as high-level due to the number of strikes with more than a wrist flicking motion, the continuous manner and the 250 to 300m of the final stages of the race, where the offending took place.
The Penalty Guide provides a 5-day suspension starting point for a second, high level, breach of this Rule.
It was determined that there were no aggravating factors to consider, therefore no uplift was warranted.
After taking consideration of all factors, a 5 day suspension, commensurate with the Penalty Guide, was determined to be an appropriate penalty.
Conclusion:
The Respondent is suspended for a period of 5 days, commencing after racing today, 30 November 2024, up to and including Sunday 15 December 2024. Relevant race days encompassed in this period of suspension are Addington – 4 December 2024, Addington – 6 December 2024, Geraldine – 7 December 2024, Addington – 13 December 2024 and Rangiora – 15 December 2024.
Decision Date: 30/11/2024
Publish Date: 03/12/2024