Banks Peninsula TC 8 January 2023 – R9 (heard 17 January 2023 at Ashburton) – Michael Cations
ID: RIB14653
Animal Name:
Vincent Vega
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:
R9
Hearing Date:
17/01/2023
Hearing Location:
Ashburton Racecourse, Ashburton
Outcome: Proved
Penalty: Driver Michael Cations is suspended for 3 days
BACKGROUND:
Following the running of Race 9, Chris Jones – NZB Airfreight Pace, the Respondent Graduation Driver, Michael Cations, as the Driver of VINCENT VEGA in the race, admitted a charge of using his whip in more than 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.
The hearing of the charge was adjourned on raceday and was heard at the meeting of Ashburton TC at Ashburton on 17 January 2023.
EVIDENCE:
Stipendiary Steward, Shane Renault, showed a video replay of the final 300 metres of the race. He pointed out VINCENT VEGA, driven by the Respondent, improving as the widest runner from last as the field entered the home straight. The Respondent activated gear early in the run home at about the 300 metres, and commenced to use his whip, doing so in more than a wrist only flicking motion, throughout the run home, Mr Renault said.
The Respondent said that, if he stopped using the whip, the horse stopped trying. His whip use was “exaggerated”, he admitted.
DECISION:
The charge is admitted and is therefore deemed proved.
SUBMISSIONS FOR PENALTY:
Stipendiary Steward, Shane Renault, said that the Respondent has had 2 drives this season and in the 2022 season had 8 drives. He has a clear record. The breach was high-level, he submitted. A 3-days suspension is appropriate, Mr Renault submitted. The Respondent was not going to the 2-day meeting at Blenheim on 20 and 22 January, he said.
The Respondent did not seek a deferment.
REASONS FOR PENALTY:
The Adjudicative Committee agreed that this breach was high-level as defined in the Penalty Guide – that is to say, – “when a driver shows a total disregard for the requirements of the Regulation and makes no effort to return to a compliant style of driving”.
For such an offence, the starting point for penalty under the HRNZ Whip Penalty Guide is a 3-days suspension. There are no relevant aggravating or mitigating factors to consider.
The Adjudicative Committee noted that VINCENT VEGA finished in 4th placing in the race, 3 lengths from the winner.
CONCLUSION:
The Respondent, Graduation Driver, Michael Cations, is suspended for 3 days, commencing on 18 January 2023 and ending after 3 February 2023.
Decision Date: 17/01/2023
Publish Date: 19/01/2023