Geraldine HRC 21 April 2023 – R2 – Peter Davis

BACKGROUND:

Following the running of Race 2, Marque & Event Hire Trot, Open Driver, Peter Davis, as the Driver of BEVRON 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, Paul Williams, showed a video replay of the final 300 metres of the race. He pointed out BEVRON, driven by the Respondent, racing in behind the leaders as the field turned into the final straight.

Mr Williams said that the charge related to eight strikes in more than a wrist only flicking motion inside the final 200 metres.

The Respondent accepted what Mr Williams had said, but explained that the first time he went to activate gear, the cable broke. Had that not happened, he said, he believed that he would not have used his whip to the extent that he did.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Paul Williams, said that the Respondent had received a warning on 12 March 2023 at Reefton – 15 drives ago – but had no charges on his record. He had cooperated with Stewards and had earlier reported the gear malfunction to Stewards.

Mr Williams said that the Stewards saw the breach as being just above low level, for which the starting point is a fine of $300. He left it to the Adjudicative Committee to fix penalty, he said.

The Adjudicative Committee noted that BEVRON finished in 3rd placing in the race.

REASONS FOR PENALTY:

The Adjudicative Committee agreed with Mr Williams’ submission that this breach was just above low-level as defined in the HRNZ Whip 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”. The Adjudicative Committee made an allowance, in finding the level of the breach as low, for the prevailing heavy track conditions.

For a first, low-level breach such as this, the starting point for penalty under the RIB Harness Racing Penalty Guide (effective 1 February 2023), is a fine of $300. In this case, there are no relevant aggravating or mitigating factors to consider and a penalty of a $300 fine is appropriate.

CONCLUSION:

The Respondent, Open Driver, Peter Davis, is fined $300.