Ashburton TC 19 April 2024 – R7 – Lionel Dobbs

Summary of Facts:

Following the running of Race 7, the Respondent Open Driver Lionel Dobbs, denied a breach of Whip Rule 869(2).  The particulars of the charge are that when driving BETTERTHANDIVA, he used his whip with more than a wrist flicking motion in the run home. 

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 Matthew Sole, with the assistance of Stipendiary Steward, Shane Renault, used available video footage to demonstrate the breach. He pointed out Mr Dobbs driving BETTERTHANDIVA, racing on the outside of the leader in the one-one position, as the field turned for home. Mr Renault showed that Mr Dobbs drew his whip and used it on 12 to 13 occasions, with more than a wrist flicking motion over the concluding stages.

In defence, Mr Dobbs stated that he conceded that 2 of the strikes were more than a wrist flicking motion. He added that the sulky he used was an old model and narrower than the modern sulkies available. Because of this, he said, BETTERTHANDIVA would keep striking the sulky with it’s hind legs and he was forced to shift the sulky back on the horse. This in turn, he said, caused him to reach forward to use the whip and in doing so he was engaging his elbow. He submitted he was considering purchasing a new sulky, which hopefully would help sort his whip use issues.

Decision:

After consideration of all the evidence and compelling video replays, this Adjudicative Committee was satisfied that Mr Dobbs has used the whip with more than a wrist flicking motion on at least 12 occasions over the concluding stages of the race. Accordingly, the charge is found proved.

Submissions for Penalty:

Mr Sole produced the Respondent’s record which indicated a previous breach at Timaru on 4 April 2024, where he received a 3 day suspension.

Mr Sole said that Stewards assessed the breach to be high-level and as it was Mr Dobb’s second breach within a 2 month period, a 5 day suspension, as per the Penalty Guide for a second offence, be considered as penalty in this case. 

Mr Dobbs elected to make no submissions in regard to penalty. Deferment was not an option for Mr Dobbs as he was already under suspension from conclusion of racing on 28 April 2024.

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 sheer number of strikes.

The Penalty Guide provides a 5-day suspension starting point for a second breach of this Rule, for a high level breach within a 2-month period.

It was determined that there were no aggravating factors to consider, therefore no uplift was warranted.

After taking consideration of all factors, it was determined that a 5 day suspension was an appropriate penalty in this case.

Conclusion:

The Respondent is suspended for a period of 5 days commencing after racing on 5 May 2024, where Mr Dobb’s first suspension ends, up to and including 19 May 2024. Relevant Racedays encompassed in this period of suspension are Addington – 8 May, 12 May – Addington, 15 May – Addington, 17 May – Addington and 19 May – Rangiora. Of note, Addington on 10 May is a Premier Day, which Mr Dobbs is not qualified to drive at and is not included in the period of suspension.