Banks Peninsula TC 10 April 2023 – R9 – Robbie Holmes
ID: RIB18421
Animal Name:
JESPER FAST
Code:
Harness
Race Date:
10/04/2023
Race Club:
Banks Peninsula Trotting Club
Race Location:
Motukarara Racecourse - 43 Duck Pond Road, Motukarara, 7672
Race Number:
R9
Hearing Date:
10/04/2023
Hearing Location:
Motukarara
Outcome: Proved
Penalty: Driver Robbie Holmes, 2 day suspension
Summary of Facts:
Following the running of Race 9, the Respondent Robbie Holmes admitted a breach of Whip Rule 869(2).
The particulars of the charge are that when driving JESPER FAST, he used his whip free of the rein on one occasion in 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.
Regulation 3.1 reads as follows;
- USE OF THE WHIP
 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.
Stipendiary Steward Shane Renault used available video footage to demonstrate the alleged breach. Mr Renault pointed out Mr Holmes draw his whip and use it free of the rein on one occasion.
The Respondent elected to make no submissions on the breach.
Decision:
As Mr Holmes has admitted the breach, it is therefore found proved.
Submission For Penalty:
Mr Renault stated that Mr Holmes was warned regarding use of his whip in the first race on today’s card. He stated that this breach was low-level and with the Penalty Guide providing a 2-day suspension or $300 fine for a low-range 1st breach, he submitted that a suspension of at least 2 days be considered as penalty .
The Respondent requested a suspension be imposed and that the suspension be deferred until after racing at Methven on 16 April 2023.
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 agreed with the Stewards and assessed the breach as low-level.
The Penalty Guide provides for a 2-day suspension or $300 fine as a starting point for first breach of this Rule.
With consideration that this was Mr Holmes’ first offence and as the breach was low level, it was determined that a 2 day suspension was appropriate in this case.
Conclusion:
The Respondent is granted a deferment until after racing on 16 April 2023. He is suspended from conclusion of racing today, 16 April 2023, up to and including 21 April 2023. Relevant meetings encompassed in this period of suspension are Addington – 20 April and Geraldine – 21 April 2023.
Decision Date: 10/04/2023
Publish Date: 13/04/2023