Auckland TC 30 June 2022 – R7 – Zev Meredith

Introduction

Following the running of Race 7 an Information was lodged by Senior Stipendiary Steward Mr Mulcay alleging Junior Driver Mr Zev Meredith (WILD CARD) used his whip with more than a wrist flicking motion near the 600 metres and in the home straight.

Rule 869(3) provides: No driver shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.

The Whip and Rein Regulations provide that:

A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

Wrist flicking motion means:

1. Ensuring no force is generated by the use of elbow or shoulder….
2. The forearm is not raised above 45 degrees….
3. Not applying the whip with overt force.

Mr Meredith admitted the breach and was supported at the hearing by Driver Mr Andre Poutama.

Using the available race films Mr Mulcay demonstrated the breach.  He pointed out that nearing the 600-metre mark WILD CARD commenced a run from the back of the field into a challenging position near the lead horse.  At that point Mr Meredith used his whip in more than a wrist flicking action on at least 5 occasions.

Mr Mulcay also demonstrated that late in the run up the home straight, when WILD CARD was in a challenging position wide out on the track, Mr Meredith used his whip in more than a wrist flicking action on a further 2 occasions.

In response Mr Meredith said that he agreed with Mr Mulcay’s assessment of the breach and had nothing further to add.

Decision

The breach is admitted and therefore the charge is proved.

Penalty Submissions

Mr Mulcay said that Mr Meredith has breached the Whip Rule on two previous occasions within the 6-month reset period.  The most recent occurred on 10 March 2022 and resulted in a 4-day suspension (4 strikes).  The other breach occurred on 21 January 2022 and that resulted in a 2-day suspension and $100 fine.

Mr Meredith requested a 7-day deferment to any proposed suspension.  Neither he nor Mr Poutama offered submissions as to penalty.

Reason for Penalty

After consideration of the race films and the submissions the Adjudicative Committee assessed the breach to be above medium level.

A medium level breach has a start point of a $500 fine or a period of suspension (2 days).  Although one charge was filed on this occasion, Mr Meredith has effectively breached the Rule twice.  First, nearing the 600 metres 5 strikes (more than a wrist flicking motion) and secondly, in the home straight where a further 2 strikes were applied in a similar manner.

Following his previous breach on 10 March 2022 the Adjudicative Committee issued Mr Meredith with a stern warning concerning his whip action.  Based on the circumstances of this breach he requires some further remedial assistance.

Mr Meredith is granted a 7- day deferment and a 5-day suspension is imposed.

Conclusion

Mr Meredith’s licence is suspended from the conclusion of racing on 7 July up to and including 11 August 2022 (5 days).