Auckland TC 24 May 2024 – R6 – Stephanie Burley

Summary of Facts:

Following the running of Race 6, the Breckon Farms Northern Derby Trot (G1), the Respondent, Junior Driver Stephanie Burley, admitted a breach of Whip Rule 869(2).  The particulars of the charge are that she used her whip in a continuous manner in the run home.

Ms Burley was assisted at the hearing by Driver Mr M White.

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. He identified BOLT FOR THE HILL (S Burley) racing near the rear of the field as the field entered the home straight.  He pointed out that Ms Burley used her whip in a continuous manner for the majority of the run home.  He added that there was no discernible pause for several strikes.

Ms Burley said that she agreed with the Stewards’ interpretation of the breach.  However, Mr White said that she only used her whip continuously for about 150 metres.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Mulcay said that Ms Burley has a clear record under the Rule, but she was issued with a warning for her whip use (on 12/04/24).  He said Stewards assessed the breach as mid-range.

Mr Mulcay submitted that the Penalty Guide provides for a starting point of a 7 day suspension when the Rule is breached in a Group 1 Race.  He added that the stake for the race was $110,000.

Ms Burley sought to defer any proposed penalty until after racing on 31 May 2024.  She had nothing to add concerning penalty.  Mr White submitted that the penalty of 7 days, as set out in the Penalty Guide, is harsh and he queried whether instead of a suspension, she should receive a warning or 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 mid-level in that Ms Burley used her whip in an unapproved manner.

The films clearly show that she used her whip continuously, applying several strikes, for a considerable distance without respite, from the 200 metre mark until approximately 30 to 40 metres before the finish.  The only redeeming feature being that she did not apply the whip with overt force.

The Regulations provide that:

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

For the purpose of this clause, a Driver shall be deemed to use the whip in an unapproved manner …If the whip is applied….continuously.

In circumstances where the breach occurs in a Group 1 Race, the Penalty Guide provides for a starting point of 7 day suspension.  The Guide further recommends that starting point penalties for Group 1 and 2 Races should be higher.  On this occasion, given Ms Burleys good record, frank admission and the nature of the breach, the Adjudicative Committee determined a further uplift from the starting point is not necessary.  Accordingly, a seven (7) day suspension is imposed.

Ms Burley is a Northern Driver, and, on that basis, only Northern Meetings are taken into account.  Her request for a deferment until after racing on 31 May is granted.

Conclusion:

Ms Burley’s Licence to drive in races is suspended from 1 June 2024, until 18 July 2024 inclusive.