Ashburton TC 24 October 2022 – R1 – Amber Lethaby

BACKGROUND:

Following the running of Race 1, Mainland Wool Pace, the Respondent, Driver Amber Lethaby, admitted a breach of Whip Rule 869(2). The particulars of the charge are that, as the Driver of RIMU VALLEY in the race, she used her whip in more than a wrist flicking motion 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:

Chief Stipendiary Steward, Nigel McIntyre, had Stipendiary Steward, Shane Renault, show a video replay of the final 200 metres of the race. Mr Renault pointed out RIMU VALLEY, driven by the Respondent, racing three places back on the markers as the field entered the final straight. Shortly thereafter, the Respondent pulled her runner out for a run and commenced using her whip.

Mr McIntyre said that Stewards were alleging that there were 4-5 strikes from that point which were more than a wrist only flicking motion, prior to reverting to the reins over the concluding stages of the race.

The Respondent accepted Mr McIntyre’s description and said that she had pleaded guilty.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that the Respondent had received a warning for a similar breach on 24 June last at Addington. The drive today was her 9th since that warning. The present breach was low-level and could be dealt with by a fine of $200, Mr McIntyre submitted.

The Respondent had no submission to make.

REASONS FOR PENALTY:

The Adjudicative Committee agreed that the breach was low-level – inadvertently reverting to the old style (freehand, loose reining and/or more than a flicking motion) but promptly taking corrective steps to return to a compliant style.

The HRNZ Whip Penalty Guide suggests a penalty range of $200-400 for a low-level breach. There are no relevant aggravating or mitigating factors to warrant a departure from that penalty range. A fine at the lower level of that penalty range is appropriate in this case.

CONCLUSION:

The Respondent, Driver Amber Lethaby, is fined $200.