Central Otago TC 2 January 2025 – R8 – David McCormick

ID: RIB50242

Respondent(s):
David Douglas Mccormick - Driver

Applicant:
Mr Nigel McIntyre - Chief Stipendiary Steward

Adjudicators:
Dave Anderson

Persons Present:
Mr McIntyre and Mr McCormick

Information Number:
A21294

Decision Type:
Race Related Charge

Charge:
Using whip with more than a wrist flicking motion

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

Plea:
Admitted

Animal Name:
BRIANNA

Code:
Harness

Race Date:
02/01/2025

Race Club:
Central Otago Trotting Club

Race Location:
Omakau Racecourse - Racecourse Road, Omakau, 9376

Race Number:
R8

Hearing Date:
02/01/2025

Hearing Location:
Omakau Racecourse

Outcome: Proved

Penalty: Driver David McCormick is suspended for 4 days

EVIDENCE:

Following the running of Race 8, Chief Stipendiary Steward Mr Nigel McIntyre presented an Information alleging a breach of Rule 869(2) by Driver Mr David McCormick.

Mr McCormick stated he was conversant with the Rule, understood the Charge and confirmed his admission of the breach.

Mr McIntyre played the final straight video and identified Mr McCormick racing against the pylons and pointed to him using the old whipping style for approximately 100m, before complying with the Regulations.

Mr McCormick chose to make no comment.

DECISION:

The Respondent having admitted the breach, the charge was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said Mr McCormick has a previous breach on 13 December 2024, when he was suspended for 2 days. He said this breach is in the mid-range and he would leave it to the Adjudicative Committee to find an appropriate penalty.

Mr McCormick said he would like to defer any suspension until after the circuit is finished at Cromwell on 6 January.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 4-day suspension for a second breach at mid-range.

Mr McCormick has been non-compliant for at least 100m and therefore, his offending is in the mid-range. There are no other factors to consider, and the Adjudicative Committee finds a 4-day suspension as the correct sanction.

CONCLUSION:

Deferment is granted and Mr McCormick’s Licence to drive in races is suspended from the conclusion of racing on 6 January 2025, up to and including racing on 14 January 2025.

Decision Date: 02/01/2025

Publish Date: 03/01/2025