Auckland TC 2 July 2021 – R 2 – Rhys Fensom

ID: RIB3369

Respondent(s):
Rhys Fensom - Driver

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Adjudicators:
Mr B Scott - Chair

Information Number:
A13000

Decision Type:
Adjudicative Decision

Charge:
Using the whip free of the rein with more than a wrist flicking motion

Rule(s):
869(2) and the Whip and Rein Regulations

Plea:
Admitted

Code:
Harness

Race Date:
02/07/2021

Race Club:
Auckland Trotting Club

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

Race Number:
R2

Hearing Date:
02/07/2021

Hearing Location:
Alexandra Park

Outcome: Proved

Penalty: Driver Rhys Fensom is fined $500

EVIDENCE:

Following the running of the CONGRATULATIONS TO “ THE BLUES” MOBILE PACE an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against Driver Mr R Fensom alleging that Mr Fensom as the Driver of ONCE BITTEN used his whip in the home straight free of the rein with more than a wrist flicking motion.

Rule 869(2) provides: No Driver shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board

Use of the whip free of the reins and not in a wrist flicking motion is prohibited by the latest Whip Regulations.

Mr Fensom was present at the Hearing and he confirmed that he understood the Whip Regulations and that he admitted the breach.

SUBMISSIONS:

Mr Mulcay demonstrated the incident by use of the race films and showed where prior to the home turn Mr Fensom’s horse was racing on the inside towards the rear of the field. In the home straight he moved up on the inside and ultimately finished third. Prior to the straight he used his whip at least once free of the reins but in the home straight he used his whip at least four times free of the reins.

Mr Fensom would only say “I got it wrong”.

REASON FOR DECISION:

The Breach is admitted and therefore the charge is upheld.

SUBMISSION FOR PENALTY:

Mr Mulcay said that Mr Fensom had a good record but on this occasion the breach was quite bad. He said that it did fall into the medium level of seriousness and accordingly the Penalty Guide provided a starting point penalty of a $500 fine or a 2 meeting suspension.

Mr Fensom  refused to make any submissions.

REASON FOR PENALTY:

This incident is clearly shown on the race films and as far as the Committee is concerned it doesn’t look good. Mr Fensom has used his whip free of the reins and with considerable force in the straight.

Mr Mulcay has said that this incident is in the medium level of seriousness but the Committee believes that it could be higher. In view of Mr Fensom’s good record the Committee will deal with this matter as being medium level. The Committee will impose a fine on the basis that Mr Fensom does not drive very often.

CONCLUSIONS:

Mr Fensom is fined the sum of $500.

Decision Date: 14/07/2021

Publish Date: 14/07/2021