Banks Peninsula TC 20 March 2022 – R7 – Gemma Thornley

ID: RIB8077

Respondent(s):
Gemma Thornley - Junior Driver

Applicant:
Paul Williams, Stipendiary Steward

Adjudicators:
Russell McKenzie

Persons Present:
The Applicant, the Respondent, John Morrison (Driver)

Information Number:
A16632

Decision Type:
Race Related Charge

Charge:
Using whip continuously

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regulations

Plea:
Admitted

Animal Name:
RAZORS EDGE

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:
R7

Hearing Date:
20/03/2022

Hearing Location:
Motukarara Raceway

Outcome: Proved

Penalty: Junior Driver, Gemma Thornley, fined $300

SUMMARY OF FACTS:

Following the running of Race 7, Norjo Motorcycles Junior Drivers Mobile Pace, the Respondent admitted a breach of the Whip Rule 869(2). The particulars of the charge are that, as the Driver of RAZORS EDGE, in the Race, she used her whip continuously 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 Whip Regulations made by the Board.

The Regulations provide that a driver shall be deemed to have used the whip in an unapproved manner (inter alia)  “if the whip is applied excessively, continuously or without allowing the horse time to respond”.

Mr Williams used available video footage to demonstrate the breach. He pointed out RAZORS EDGE, driven by Ms Thornley, the widest runner on the track as the field turned into the home straight. He said that it was the Stewards’ contention that, from a point shortly after turning for home, Ms Thornley had used her whip continuously. There were several strikes, in more than a wrist flicking motion, but there had also been “pushes upwards”, and Ms Thornley’s use of her whip had been continuous for 200-250 metres, Mr Williams submitted.

Mr Morrison requested that the replay of the entire run home be played. Ms Thornley had come out for a run and there had been a strike, he said. Her whip use had involved more upward flicking motions through the tail with no force. There followed several more strikes mixed with upward motions and rein action, he said. He accepted that the whip use was continuous, but there was not a lot of force involved.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr Williams produced Ms Thornley’s record which showed that she has had 57 drives in the current season (from 1 January 2022) and had 165 in the 2020/2021 season. She is becoming more experienced as a Junior Driver and is regularly gaining more drives, he said. She has clear record under the Whip Rules. He referred to recent penalties for similar breaches – fines of $500, $350 and a 2-days suspension. He said that either a term of suspension of 2 days or a fine of $400 would be an appropriate penalty.

Ms Thornley said that she preferred a fine to a suspension. Mr Morrison submitted that a fine of $400 was harsh for a first offence and a suspension was not called for, given her good record.

REASONS FOR PENALTY:

After consideration of the evidence and submissions from both parties and viewing the video replay of Ms Thornley’s whip use, the Adjudicative Committee assessed the breach as low-level. There is no Penalty Guide, as such, for a breach involving continuous use of the whip but, for freehand, loose reining or more than a flicking motion, the low-level penalty range for a first offence is $200-$400. Mr Williams’ submission was for a fine at the higher level of that range.

The Adjudicative Committee is of the view that the low-level nature of this breach did not raise any significant animal welfare concerns. Having regard to this, Ms Thornley’s very good record and her Junior Driver status, the Adjudicative Committee deemed a fine in the sum of $300 to be an appropriate penalty.

PENALTY:

The Respondent, Junior Driver Gemma Thornley, is fined the sum of $300.

Decision Date: 20/03/2022

Publish Date: 23/03/2022