Banks Peninsula TC 20 March 2022 – R8 – John Hay

SUMMARY OF FACTS:

Following the running of Race 8, Waihora RFC Pace, the Respondent Driver, John Hay, admitted a breach of the Whip Rule 869(2). The particulars of the charge are that the Respondent, as the Driver of CARANA in the Race, used his whip with more than a wrist only flicking motion in the run home and in a continuous manner.

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.

3.4  A driver shall be deemed to have used the whip in an unapproved manner if the whip is applied continuously.

Stipendiary Steward, Paul Williams, used available video footage to demonstrate the breach. He pointed out CARANA, driven by Mr Hay, pulling out from the one-one as the field neared the final turn. Shortly after turning for home, Mr Williams showed Mr Hay commence using his whip in a more than wrist only flicking motion for some distance before returning to a compliant style over the final 80 metres or so.

The Respondent said that it looked worse than it was, as many of the strikes were not on the horse.  He was using the reins with the whip in his hand, he said.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that Mr Hay has had 9 drives in the current season (from 1 January 2022) and had 88 in the 2021 /2021 season. He had received a suspension of 3 days at Methven on 29 October 2021 – 20 drives ago).

Stewards were submitting for a suspension for a period of not less than 5 days, Mr Williams said. It was an aggravating factor that CARANA had gone on to win the race by a narrow margin, he submitted.

The Respondent sought a 7-days deferment to enable him to drive in the Waimate Cup on 27 March. He had been intending to take a horse to the meeting of Wairio TC at Winton on 31 March.

REASONS FOR PENALTY:

After consideration of the submissions from both parties and viewing the video replay of the concluding stages of the Race, the Adjudicative Committee assessed the breach as medium-level.

A medium-level breach is defined as “when a driver inadvertently reverts to the old style (freehand, loose reining and /or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving”. For a medium-level breach, the start point is either a fine ($500) or period of suspension (2 meetings).

Having considered all factors, a suspension is deemed appropriate. Taking the Penalty Guide starting point of two meetings, there will be an uplift of 1 day for this being a second offence and a further uplift of 1 day for the aggravating factor that Mr Hay won the race.

CONCLUSION:

The Respondent, Driver John Hay, is granted a deferment and is suspended for a period of 4 days commencing after the close of racing on 27 March up to and including 8 April. The meetings intended to be encompassed by the period of suspension are Wairio TC on 31 March, NZ Metropolitan TC on 1 April, Rangiora HRC on 3 April and NZ Metropolitan TC on 8 April. It is noted that the two meetings at NZ Metropolitan TC in April are both Premier Meetings.