Auckland TC 22 September 2023 – R4 – Zev Meredith

Summary of Facts

After the running of the Race 4, the Respondent Junior Driver Zev Meredith, admitted a breach of Whip Rule 869(2) and the Whip and Rein Regulations. The particulars of the charge were that Mr Meredith used his whip with more than a wrist flicking motion when driving BAD MEDICINE in the run home.

Mr Meredith was assisted at the hearing by Licensed Trainer Mr D Balle.

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 Steve Mulcay used the available video footage to demonstrate the breach. He identified BAD MEDICINE (Z Meredith) as three back on the turn. Mr Meredith took the inside running in the home straight. He drew his whip and used it with more than a wrist flicking motion on five occasions in the run to the winning post.

In response, the Respondent advised the Adjudicative Committee that he had just come off an eight week suspension, he thought he was going to win and got carried away. He apologised.

Decision

The charge is admitted and therefore proved.

Submissions For Penalty

Mr Mulcay advised that the Respondent, Mr Meredith had a breach of this Rule on 29/3/2023 and was fined $300. He was therefore seven days away from a reset period.

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

Mr Meredith asked for a fine and suspension. He was concerned that if he received a suspension, it would have the effect that he could not compete in the forthcoming NZ Junior Driver series.

Reasons for Penalty

After consideration of the evidence and viewing the race films of the concluding stages of the race, the Adjudicative Committee assessed the breach as low level. In the light of the Bosson and De Filippi Appeal Decisions, the Adjudicative Committee was mindful that Riders and Drivers need to appreciate the importance of adherence to the Rule(s) if opportunities, such as the NZ Juniors Drivers Championships and other major race rides/drives are pending. Accordingly, Mr Meredith’s desire to compete in the NZ Junior Championships was noted but was not a determinative factor in arriving at the penalty.

Having considered all relevant factors including, and in particular, the pending reset of the Respondent’s previous breach (in 7 days); his admission, and the nature of the offence (low-level), the Adjudicative Committee deemed a fine of $300 and a suspension for one race meeting to be an appropriate penalty in the circumstances.

Conclusion

A fine of $300 and a suspension for one race meeting from conclusion of racing on 22 September 2023, until  conclusion of racing on 28 September 2023.