Invercargill HRC 23 April 2023 – R8 – John Hay

BACKGROUND:

Following the running of Race 8, Regent Car Court Southern Cups Final, Open Driver, John Hay, as the Driver of WHEELS OF FORTUNE 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, Rebecca Haley, showed a video replay of the final 300 metres of the race. She pointed out WHEELS OF FORTUNE, driven by the Respondent, racing in the trail and easing out 3-wide as the field turned into the final straight.

Ms Haley submitted that there were three or four initial strikes that were more than a wrist only flicking motion before the Respondent reverted to a compliant style. The breach was low-level, she said.

The Respondent did not wish to make any submissions.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Ms Haley, said that the Respondent has had 10 drives this season and, in the 2022 season, had 34 drives. He is therefore not a busy Driver. He was fined $200, 4 drives ago for a similar breach – at Invercargill on 11 March 2023. The starting point for a second breach is a 3-days suspension, Ms Haley said.

The Respondent said that he only drives his own horse nowadays. He did not seek a deferment.

REASONS FOR PENALTY:

The Adjudicative Committee accepted the submission of the Stewards that the breach was low-level (“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”).

For such a breach, the RIB Harness Racing Penalty Guide suggests a starting point for penalty of a 3-days suspension. That is the appropriate penalty in this case, there being no relevant aggravating factors or mitigating factors.

CONCLUSION:

The Respondent, Open Driver, John Hay, is suspended from after racing on 23 April 2023 up to and including 30 April 2023 – 3 days.