Hawera HRC 2 February 2025 – R4 – Crystal Hackett

Background:

Following the running of Race 4, the ‘Turfworkz Mobile Pace 2000m’ an Information was lodged alleging a breach of Rule 869(2) and associated Whip and Rein Regulations. Details are as follows:

‘In that she used her whip in a continuous manner in the run home’

Rule 869(2) provides – No driver  shall during a race use a whip in a manner in contravention of the Whip and Rein Regulations made by the Board. The Whip and Rein Regulations require that a driver shall not use a whip in an unapproved manner. An unapproved manner does include where the whip is applied excessively, continuously, or without allowing the horse time to respond.

The Respondent confirmed that she understood the Rule and admitted the breach. This was endorsed by Mr Mitchell, who was assisting Ms Hackett.

Evidence:

Stewards identified the incident by way of film. On entering the home straight, JETASI was positioned away from the fence and finishing strongly. The horse had suffered minor interference and had been forced wider as a result. From the approx 150 metre mark to the finish line, the horse is  struck in what can objectively be described as a continuous manner. There were 1 or 2 brief periods, where this did cease. Ms Hackett did agree with interpretation, adding that she was seeking to drive her horse out. Mr Mitchell commented that Ms Hackett did recognise her mistake and that in the future, she will look to modify her style to utilise both the whip and rein.

Decision:

As Ms Hackett admitted the breach, it was deemed proved.

Submissions for Penalty:

Stewards produced the Respondent’s record, as it relates to any breach of this particular Rule. Ms Hackett received a fine of $300 for a low level breach at the Waikato BOP meeting on 19th December 2024. Stewards referred the Adjudicative Committee to the current Harness Racing Penalty Guide. Ms Hackett did not offer specific comment, but did ask that where a suspension was to be imposed, same be deferred, to enable her to satisfy driving engagements at Auckland on 7th February 2025.

Reasons for Penalty:

The incident is satisfactorily illustrated and confirmed by way of film. The Rule is well written. Where difficulty does arise, is applying the Penalty Guide starting points and definitions ie: low, medium, high to the particular breach in question eg: more than a wrist flicking motion, continuous etc. Starting point is a 3 day suspension – 2nd breach. After consideration, the breach was deemed to be at the low level, with a 3 day suspension deemed an appropriate sanction.  The request for deferment is granted.

Conclusion:

The Respondent’s Licence to drive is suspended from the close of racing on 7th February 2025, up to and including 14th February 2025. Meetings identified are Manawatu Harness on 11th and 13th February 2025 and Auckland Harness on 14th February 2025.