Auckland TC 26 April 2024 – R7 (heard 3 May 2024 at Alexandra Park) – Adam Sanderson

Summary of Facts:

Following the running of Race 7, The Dawson Harford Taylor Mile Mobile Pace Group 1 (Stakemoney $110,000), the Respondent Adam Sanderson 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 on the turn into 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.  He identified 3 strikes that contravened the Guidelines, turning into the home straight. He noted that Mr Sanderson then went back to a compliant action for the rest of the home straight.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Mulcay said that Stewards assessed the breach to be low-level and advised that the starting point for a breach of this nature in a race worth more than $100,000, was a 7 day suspension (mid range) and a fine of 12.5% of the Driver’s share of the stake. He noted that Mr Sanderson was a very experienced Driver and had a clear record.

Mr Sanderson sought a deferment so he could fulfill engagements to drive on Saturday 4 and Tuesday 7 May in Queensland.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race film, the Adjudicative Committee assessed the breach as low level. In the Adjudicative Committee’s opinion, there were 3 strikes that fell outside of the Regulations for compliance.

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 breach of Rule 869(2) that occurs in a race assessed as Group 1 or for a stake worth $100,000 or more, has a starting point suspension of 7 days and a fine of 12.5% of the Driver’s share of the stake. The 7 day starting point assumes that the breach is in the mid range.

Having considered all factors, the Adjudicative Committee deemed a suspension of 6 days an appropriate Penalty and as the horse was unplaced, (it ran 7th) no fine is applied (the amount would have been inconsequential).

In assessing the particular days of suspension, the Stewards advised that Australian Drivers would have their Australian driving opportunities calculated.

Conclusion:

Mr Sanderson is granted a deferment and is suspended for a period of 6 days, commencing on Wednesday 8 May and concluding after racing on 14 May (inclusive) 6 Australian Racing Days.