Kaikoura TC 30 October 2023 – R2 – Robbie Holmes

Summary of Facts:

Following the running of Race 2, the Respondent Driver Robbie Holmes admitted a breach of Whip Rule 869(2).  The particulars of the charge are that when driving WAVEWATCHER 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.

Chief Stipendiary Steward Nigel McIntyre used available video footage to demonstrate the breach. He pointed out Mr Holmes driving WAVEWATCHER in a prominent position as the field turned for home. Mr McIntyre showed that Mr Holmes drew his whip and used it with more than a wrist flicking motion on 2 occasions over the early stages of the run home, before promptly returning to a more compliant style of whip use. Mr Holmes, he said, used his whip once more with more than a wrist flicking motion before again returning to a more compliant style of whip use  for the remainder of the race. Mr McIntyre stated there were 3 strikes in totality that were determined to be with more than a wrist flicking motion.

Mr Holmes elected to make no submissions in regard to the charge.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr McIntyre produced the Respondent’s record which indicated a previous breach within the prior 6 months, being at Banks Peninsula on 30 June 2023, where a 3 day suspension was imposed for a whip offence.

Mr McIntyre said that Stewards assessed the breach to be low-level and submitted that it be dealt with by way of a 3 day suspension as per the Penalty Guide for a second breach.

Mr Holmes made no submissions in regard to penalty, 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-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 was 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 on 1 November 2023 at Methven, up to and including 10 November 2023. Relevant race days encompassed in this period of suspension are: 3 November – Addington, 9 November – Oamaru and 10 November 2023 – Rangiora.