Auckland TC 27 June 2024 – R4 – David John Butcher

Following the running of Race 4, Open Driver David John Butcher admitted a breach of Whip Rule 869(2) in that he used his whip with more than a wrist flicking motion on the final turn.

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 Mr Butcher near the back of the field approaching the final turn with IRISH WHISPERS.  He identified three whip strikes by Mr Butcher on the final turn, that the Stewards considered had been delivered with more than a wrist flicking motion and were in breach of the Whip and Rein Regulations.

Mr Butcher accepted that these three strikes were in breach of the Regulations.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Mulcay said that Mr Butcher had a clear record in regard to the Whip Rule over the reset period.  He said that this breach was low-level, with the Penalty Guide providing a starting point of $300 fine or a two day suspension.

Mr Mulcay submitted that it be dealt with by way of a $300 fine.

There are no aggravating factors.

Mr Butcher indicated a preference for a fine over a suspension.

Reasons for Penalty:

After consideration of the evidence from the parties concerned and viewing the race film of the concluding stages of the race, the Adjudicative Committee assessed the breach as low-level.

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 Penalty provides a starting point of a $300 fine or two day suspension (first offence).

Having considered all factors, the Adjudicative Committee deemed a fine to be an appropriate penalty.

Conclusion:

The Respondent is fined $300.