Auckland TC 1 September 2022 – R5 – Michelle Wallis

Summary of Facts:

Following the running of Race 5, the Respondent Ms M Wallis admitted a breach of the Whip Rule 869(2).  The particulars of the charge are that she used her whip free of the rein on one occasion near the 1250m.

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 S Mulcay used the available video footage to demonstrate the breach.  He showed that soon after the 1400m Ms Wallis was traveling in 3^rd to last position and she turned her whip, applying the whip free of the rein before picking the rein up.

In response, Ms Wallis agreed with Mr Mulcay’s interpretation.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Mulcay produced the Respondent’s record which was clear but advised that Ms Wallis had received a warning previously for a similar breach.

Mr Mulcay said that Stewards assessed the breach to be low-level, and submitted that it be dealt with by way of a fine.

The Respondent had nothing further to add.

Reasons For Penalty:

After consideration of the evidence from all parties concerned and viewing the race films, the Adjudicative Committee assessed the breach as low level.

A low-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and or more than a flicking motion) but promptly takes corrective action to return to a compliant style.

A Low-level Penalty range is $200-$400 (first offence).

Having considered all factors, the Adjudicative Committee deemed a fine of $200 to be an appropriate penalty.

Conclusion:

The Respondent is fined $200.