Banks Peninsula TC 8 January 2023 – R2 – Ricky May

ID: RIB13879

Respondent(s):
Ricky May - Driver

Applicant:
Shane Renault, Stipendiary Steward

Adjudicators:
Mr Russell McKenzie

Persons Present:
Mr Renault, Mr DeFilippi

Information Number:
A21045

Decision Type:
Race Related Charge

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

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

Plea:
Admitted

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