Amberley TC 6 February 2023 – R11 – Michael Cations

BACKGROUND:

Following the running of Race 11, Dawe Contracting Ltd – Davis Ogilvie Mobile Pace, the Respondent, Graduation Driver, Michael Cations, as the Drver of VINCENT VEGA in the race, admitted a charge of using his whip free of the rein on one occasion 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.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed a video replay of the final 300 metres of the race. He pointed out VINCENT VEGA, driven by the Respondent, racing 3-places back on the markers as the field turned into the final straight.  After entering the passing lane, the Respondent turned his whip around and used it, on one occasion, free of the rein. The Respondent appeared to realise his error and immediately went back to the rein, Mr Renault said.

The Respondent said he had had “a rush of blood”.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 4 drives this season and in the 2022 season had 8 drives. He has a breach of the Whip Rules on his record – on 8 January 2023 at Banks Peninsula, suspended 3 days for a high-level breach of using his whip in more than a wrist only flicking motion. The present breach was a low-level breach, Mr Renault said. For a low-level, 2nd breach the Penalty Guide suggests a starting point of a 3-days suspension. Stewards were submitting that this would be an appropriate penalty in this instance.

The Respondent sought a deferment of suspension until after the meeting of Hororata TC at Methven on 12 February next, where he intended to take two horses.

REASONS FOR PENALTY:

The Adjudicative Committee agrees with the submission of Mr Renault that this is a low-level breach – “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 breach comprised a single strike free of the rein.

The RIB Harness Racing Penalty Guide (effective 1 February) suggests a starting point for penalty for a low-level, 2nd breach of a 3-days suspension. There are no relevant aggravating or mitigating factors to consider.

CONCLUSION:

The Respondent’s request for a deferment is granted. He is suspended from after the close of racing on 12 February 2023, up to and including 23 February 2023 – 3 days.