Ashburton TC 5 September 2021 – R1 – Alan Edge

SUMMARY OF FACTS:

Mr Edge was charged after Race 1, Betavet Amateur Drivers Mobile Pace, that he used his whip with his hand free of the rein in the run home driving ROYAL JESTER.

EVIDENCE:

Mr Williams showed a video replay and pointed out ROYAL JESTER, driven by Mr Edge racing behind mid-field as the field turned into the home straight. He showed Mr Edge then use his whip on one occasion free of the rein, before activating the removable deafeners, and then using the whip free of the rein on three further occasions to the 100 metres.

Mr Edge agreed with the alleged four strikes fee of the rein but had nothing further to add.

REASON FOR DECISION:

Mr Edge has admitted the charge which is found proved accordingly.

SUBMISSION FOR PENALTY:

Mr Williams told the hearing that Mr Edge had received a warning on 28 March 2021 but his record was clear. He sought a fine of $200 in terms of the Penalty Guidelines for a first offence low-level  breach.

Mr Edge had no submission to make.

REASONS FOR PENALTY:

The Penalty Guidelines define a low-level breach 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”. This breach comes within that definition. The Guidelines suggest a penalty range of a fine between $200 and $400 for a first offence that is low-level.

There are no aggravating or mitigating factors. ROYAL JESTER was unplaced.

The Adjudicator is satisfied that this was a low-level breach and that a fine of $200 is appropriate.

CONCLUSIONS:

Mr Edge is fined the sum of $200.