Auckland TC 13 June 2024 – R3 – Bernie Hackett

ID: RIB43438

Respondent(s):
Bernard Peter Hackett - Driver

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Adjudicators:
Mr A Smith (Chair)

Persons Present:
Mr D Botherway (observing), A Dooley - Stipendiary Steward

Information Number:
A17828

Decision Type:
Race Related Charge

Charge:
Breach of Whip and Rein Regulations

Rule(s):
869(2) - Contravention whip rule

Plea:
Admitted

Animal Name:
ALDEBARAN PIPPI

Code:
Harness

Race Date:
13/06/2024

Race Club:
Auckland Trotting Club

Race Location:
Alexandra Park - Cnr Greenlane West & Manukau Road Greenlane, Auckland, 1051

Race Number:
R3

Hearing Date:
13/06/2024

Hearing Location:
Alexandra Park

Outcome: Proved

Penalty: Driver Bernie Hackett is fined $300

Summary of Facts:

Following the running of Race 3, the Respondent B Hackett admitted a breach of Whip Rule 869(2).  The particulars of the charge are that he used his whip in 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.

Senior Stipendiary Steward S Mulcay used available video footage to demonstrate the breach, identifying Mr Hackett’s drive ALDEBARAN PIPPI, which was the widest horse upon entering the straight.  He said that soon after pulling the deafeners, Mr Hackett used the whip in a manner that was outside of the Guidelines, by engaging the elbow. Mr Mulcay said that Mr Hackett reverted back to a compliant style soon after and that the Stewards only had an issue with one strike in the home straight.

In response, Mr Hackett said he was guilty and it was one of those things.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Mulcay produced Mr Hackett’s record which indicated one previous warning on the 19th of April. Other than that, he had a clear record. He said that the Stewards viewed the breach at the low level and the Guidelines pointed to a fine of $300 or a 2 day suspension.

Mr Hackett did not offer any submissions, other than the request of a fine.

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 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 has a starting point of a $300 fine or a 2 day suspension.

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

Conclusion:

The Respondent is fined $300.

Decision Date: 13/06/2024

Publish Date: 14/06/2024