Kaikoura TC 29 October 2023 – R4 (heard 30 October 2023 at Kaikoura) – John Dunn

Summary of Facts:

This was an adjourned hearing heard at the Kaikoura meeting on 30 October 2023.

Following the running of Race 4, the Respondent Driver John Dunn admitted a breach of Whip Rule 869(2).  The particulars of the charge are that when driving FERGALICIOUS he used his whip with more than a wrist flicking motion in the run home.

Rule 869 provides that:

(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.

Stipendiary Steward Shane Renault used available video footage to demonstrate the breach. He pointed out Mr Dunn driving FERGALICIOUS in the trail position as the field turned for home. Mr Renault showed that Mr Dunn drew his whip and used it with more than a wrist flicking motion on 4-5 occasions over the early stages of the run home. He added that Mr Dunn promptly returned back to a compliant style of whip use near the 100m.

In response, Mr Dunn advised the Adjudicative Committee that he was attempting to strike the tail tied cropper on the horse’s rump in order to encourage the efforts of the horse.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Renault produced the Respondent’s record which indicated a previous breach within the prior 6 months, being on 23 July 2023 where a $400 fine was imposed for a whip offence.

Mr Renault said that Stewards assessed the breach to be low-to mid level, tending towards the low end and submitted that it be dealt with by way of a 3 to 4 day suspension as per the Penalty Guide for a second breach.

Mr Dunn submitted that a 2 day suspension or a mix of suspension and fine be considered as penalty. He did not seek a deferment of penalty and requested any suspension begin as soon as possible.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee also assessed the breach as low to mid-level.

The Penalty Guide provides a 3 day suspension starting point for a second breach of this Rule within a 6 month period.

It was determined that there were no aggravating factors to consider, therefore no uplift warranted.

After taking consideration of all factors, the Adjudicative Committee deemed a 3 day suspension to be an appropriate penalty.

Conclusion:

The Respondent is suspended for a period of 3 days commencing after racing today, 30 October 2023 up to and including 9 November 2023. Relevant race days encompassed in this period of suspension are: 1 November – Methven, 3 November – Addington and 9 November 2023 – Oamaru.