Auckland TC 6 June 2024 – R7 – Sheryl Wigg

This charge arises from the running of Race 7, the Lone Star Alexandra Park Handicap Trot.   An Information was filed by Senior Stipendiary Steward, Mr Mulcay, alleging Licensed Driver, Ms Wigg (driver of Matty A), used her whip free of the rein and with more than a wrist flicking motion over the final 100m.

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.

Part 3 of the Whip and Rein Regulations provides as follows:

3.1 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.

3.2 For the purposes of clause 3.1, “wrist only flicking motion” means:

3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

3.2.2 The forearm is not raised beyond forty-five degrees relative to the racing surface.

3.2.3 Not applying the whip with overt force.

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

3.4 For the purpose of clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

3.4.1 If the whip is applied other than is permitted by clause 3.1.

Ms Wigg admitted the breach and endorsed the Information accordingly.  She was present at the hearing.

Senior Stipendiary Steward Mr Mulcay used available video footage to demonstrate the breach.  He identified that inside the final 100 metres of the race, MATTY A (Ms Wigg) was leading.  Mr Mulcay said that Ms Wigg used her whip 6 times over the concluding 100 metres of the race in more than a flicking motion.  MATTY A went on to win the race.  Ms Wigg had advised that she elected not to activate the deafeners into the gelding feeling rough in his gait early in the run home.

In response, Ms Wigg readily accepted that she had used her whip in breach of the Regulations and offered no further explanation. She indicated her regret for her actions, saying that she did not mean to do it.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Mulcay produced the Respondent Sheryl Wigg’s record, which indicated a prior breach of this Rule on 9 May 2024.  She was fined $500 for a mid range breach.

Mr Mulcay said that Stewards assessed the breach to be  medium-high level and submitted that it be dealt with by way of a suspension.

The Respondent made no submissions as to penalty and she did not seek a deferment.

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 being slightly above medium level, which has a starting point for a second breach of a 4 day suspension.

The following mitigating and aggravating factors were taken into account. MATTY A won the race by a nose margin. Ms Wigg freely admitted the breach.  On that basis, having considered all factors, the Adjudicative Committee deemed a suspension of 4 days to be an appropriate penalty.

Conclusion:

The Respondent is suspended for a period of 4 days, commencing 6 June 2024 and concluding 5 July 2024. This period encompasses 13 June at Auckland TC, 20 June at Waikato BOP, 27 June at Auckland TC and 4 July at Waikato BOP (4 Northern meetings).