Invercargill HRC 23 April 2023 – R6 – Kristin Green

ID: RIB19003

Respondent(s):
Kirstin Green - Driver

Applicant:
Rebecca Haley, Stipendiary Steward

Adjudicators:
Russell McKenzie (Chair) and Geoff Hall

Information Number:
A19517

Decision Type:
Race Related Charge

Charge:
Using whip in a continuous manner

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

Plea:
Admitted

Animal Name:
Carrera Sunset

Code:
Harness

Race Date:
23/04/2023

Race Club:
Invercargill Harness Racing Club

Race Location:
Ascot Park Raceway - 29 Findlay Road, Ascot, Invercargill, 9810

Race Number:
R6

Hearing Date:
23/04/2023

Hearing Location:
Ascot Park Racecourse, Invercargill

Outcome: Proved

Penalty: Driver, Kirstin Green, suspended 5 days

BACKGROUND:

Following the running of Race 6, Macca Lodge/Nevele R Stud Southern Oaks Final (Group 2), Open Driver, Kirstin Green, as the Driver of CARRERA SUNSET in the race, admitted a charge of using her whip in a continuous manner 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:

3.3   A driver shall not use a whip in an unapproved manner

3.4   For the purposes of Clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

       3.4.2  If the whip is applied excessively, continuously, or without allowing the horse time to  respond.

EVIDENCE:

Stipendiary Steward, Rebecca Haley, showed a video replay of the final 300 metres of the race. She pointed out CARRERA SUNSET, driven by the Respondent, racing in 5th position, and in a gap, as the field turned into the final straight. Shortly after turning for home, the Respondent commenced using her whip and used it in a continuous manner for the entire run home.

The Respondent said that she has a bad habit of slapping with the reins with the whip in her hand. She does not intend to strike the horse with the whip.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Ms Haley said that the Respondent has had 78 drives in the current season and in the 2022 season, she had a total of 183 drives. She has a clear record as far as similar breaches are concerned. The race was a Group 2 and the Penalty Guide prescribes a starting point of a 5-days suspension.

The Respondent did not seek a deferment of suspension.

REASONS FOR PENALTY:

This was clear case of a breach of the Regulations by continuous application of the whip, albeit in a compliant style. The Respondent has admitted the breach and has a good record. However, the Adjudicative Committee cannot take those factors into account. There are no aggravating factors.

The Adjudicative Committee notes the starting point in the RIB Harness Racing Penalty Guide (February 2022) of a 5-days suspension, which is the appropriate penalty in this case.

CONCLUSION:

The Respondent, Open Driver, Kirstin Green, is suspended from after racing on 23 April 2023 up to and including 13 May 2023 – 5 days.

Decision Date: 23/04/2023

Publish Date: 26/04/2023