Banks Peninsula TC 8 January 2023 – R2 – Ricky May
Banks Peninsula Trotting Club
Motukarara Racecourse - 43 Duck Pond Road, Motukarara, 7672
Penalty: Open Driver, Ricky May fined $200
Following the running of Race 2, Graham Bunz Memorial Mobile Pace, the Respondent Driver, Ricky May, as the Driver of MATADOR in the race, admitted a charge of using his whip in more than a wrist flicking motion in the run home.
Rule 869 provides:
(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.
The Whip and Rein 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, Shane Renault, showed video replays of the final 350 metres of the race. He pointed out MATADOR, driven by the Respondent, challenging 3-wide as the field turned into the home straight. Shortly after activating gear, the Respondent commenced to use his whip, and did so in more than a wrist only flicking motion on 4-5 occasions in the early stages of the run home, before reverting to a compliant style, Mr Renault said.
The charge is admitted and is therefore deemed proved.
SUBMISSIONS FOR PENALTY:
Mr Renault said that the Respondent has a clear record under the Whip Rules. He had 483 drives in the season just completed. The breach was low-level and Stewards were submitting for a fine of $200.
The Respondent said that he did not believe that his whip use was excessive. His horse was lazy and required to be kept up to its work.
REASONS FOR PENALTY:
The Adjudicative Committee found that this breach was low-level as defined in the Penalty Guide, that is to say – “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style”.
For a first offence, low-level breach, the penalty starting point is a fine of $200-$400. There are no relevant aggravating or mitigating factors to consider.
Although MATADOR won the race, it did so relatively comfortably (1½ lengths) and the Adjudicative Committee does not consider that the Respondent gained any advantage through the minimal whip use early in the run home.
The Respondent, Open Driver Ricky May, is fined $200.
Decision Date: 08/01/2023
Publish Date: 12/01/2023