Banks Peninsula TC 8 January 2023 – R2 – Ricky May
ID: RIB13879
Animal Name:
MATADOR
Code:
Harness
Race Date:
08/01/2023
Race Club:
Banks Peninsula Trotting Club
Race Location:
Motukarara Racecourse - 43 Duck Pond Road, Motukarara, 7672
Race Number:
R2
Hearing Date:
08/01/2023
Hearing Location:
Motukarara Raceway
Outcome: Proved
Penalty: Open Driver, Ricky May fined $200
BACKGROUND:
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.
EVIDENCE:
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.
DECISION:
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.
CONCLUSION:
The Respondent, Open Driver Ricky May, is fined $200.
Decision Date: 08/01/2023
Publish Date: 12/01/2023