Auckland TC 20 June 2025 – R4 – Joshua Dickie

INTRODUCTION:

Following the running of Race 4, Open Driver, Mr Joshua Dickie admitted a charge that as the Driver of BEACHBREAK, “he used his whip in a continuous manner 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:

3.3     A driver shall not use a whip in an unapproved manner.

 3.4     For the purposes of clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

 3.4.2  If the whip is applied excessively, continuously, or without allowing the horse time to respond.

EVIDENCE:

Using the available race films Stipendiary Steward Mr Williams showed a replay of the concluding stages of the race. He identified BEACHBREAK (J Dickie) on the inside finishing the race off strongly. He said that from just prior to the one hundred metres to the finish Mr Dickie used his whip in an unapproved manner. He pointed out that Mr Dickie applied two strikes, followed by a brief pause then a further eleven continuous strikes.

In a close finish BEACHBREAK finished third, a head and half a head from the winner.

In response Mr Dickie said that he agreed with the Steward’s description of the breach.

DECISION:

The charge is admitted; therefore, it is deemed to be proven.

SUBMISSIONS FOR PENALTY:

Mr Williams said that Mr Dickie is a busy driver, having had 116 race drives so far this season. He has a clear record under the Rule and that Stewards assessed the breach as mid-level.

Referring to the Penalty Guide Mr Williams said that the recommended starting point penalty for a first mid-level breach of the Rule is a $500 fine or 2-day suspension. Mr Williams submitted that in consideration of Mr Dickies clear record and his admission, Stewards would support a modest reduction from the starting point. He recommended a fine in the vicinity of $450.

In terms of any proposed penalty Mr Dickie submitted that he would prefer a fine as opposed to a suspension. He had nothing further to add.

REASONS FOR PENALTY:

The Penalty Guide defines a mid-level breach of the Whip and Rein Regulations as follows:

The driver inadvertently uses the old whipping style for approximately 50m or more before returning to a compliant style.

Mr Dickie used his whip continuously for about one hundred metres over the concluding stages of the race without any discernible respite. Although there is no definition of ‘continuous use’ of the whip, the Adjudicative Committee is satisfied that eleven strikes over a relatively short distance meets the threshold for a mid-level breach.

The Penalty Guide provides for a starting point of a $500 fine or 2-day suspension for a (first) mid-level breach of the Rule. A fine is an appropriate penalty. Therefore, having considered the nature of the breach, Mr Dickies good record and his admission a $50 reduction is applied from the starting point.

There are no aggravating factors to consider.

CONCLUSION

Mr Dickie is fined $450.