Banks Peninsula TC 20 March 2022 – R3 – Katie Cox

ID: RIB8075

Respondent(s):
Katie Cox - Driver

Applicant:
Paul Williams, Stipendiary Steward

Adjudicators:
Russell McKenzie

Information Number:
A16630

Decision Type:
Adjudicative Decision

Charge:
Using whip in more than a wrist only flicking motion

Rule(s):
869(2) and Whip and Rein Regulations

Plea:
Admitted

Animal Name:
BACKBURN

Code:
Harness

Race Date:
20/03/2022

Race Club:
Banks Peninsula Trotting Club

Race Location:
Motukarara Racecourse - 43 Duck Pond Road, Motukarara, 7672

Race Number:
R3

Hearing Date:
20/03/2022

Hearing Location:
Motukarara Raceway

Outcome: Proved

Penalty: Driver, Katie Cox, fined $200.

SUMMARY OF FAACTS:

Following the running of Race 3, Alpine Village Inn/Challenge Lincoln Pace, Driver Katie Cox admitted a breach of Rule 869(2). The particulars of the charge are that, as the Driver of BACKBURN in the race, she used her whip with more than a wrist flicking motion 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 Whip and Rein Regulations made by the Board.

The Regulations provide:

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, Paul Williams, used available footage to demonstrate the breach. Ms Cox had had some difficulties with her horse during the race, he said. It had led turning into the home straight. From that point, there had been several “strong strikes” with her whip, probably seven, Mr Williams alleged.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that Ms Cox has had 35 drives in the current season (from 1 January 2022) and 143 drives in the 2020/2021 season. She has a clear record under the Whip Rule and Stewards were submitting for a fine of $200. The breach was in the low-to-mid range, he submitted, having regard to the horse’s manners.

REASONS FOR PENALTY:

After consideration of the evidence and viewing the video replay of the concluding stages of the race, the Adjudicative Committee assessed the breach as less than medium level for which the Penalty Guide has a start point of either a fine ($500) or a period of suspension (2 days). Either of those outcomes would be excessive in this case, so the Adjudicative Committee has taken the start point for a first offence, low-level breach of a fine in the range of $200-400 as the starting point. A fine at the lower level of that range is appropriate, having regard to all factors including the Respondent’s good record and to the Applicant’s penalty submission.

CONCLUSION:

The Respondent Driver, Katie Cox, is fined $200.

Decision Date: 20/03/2022

Publish Date: 23/03/2022