Manawatu HRC 14 March 2024 – R8 (heard 15 March 2024 at Alexandra Park) – Jay Abernethy

Evidence

Following the running of Race 8 at the Manawatu Harness Racing Club meeting on 14 March 2024 the Driver of HA’PENNY, Mr J Abernethy was charged under Rule 869(2) and the Whip and Rein Regulations in that he used his whip with more than a wrist flicking motion in the run home.

The matter was adjourned and heard at the Auckland Trotting Club meeting on the 15 March 2024 due to Mr J Abernethy having to leave the course because of travel commitments.

Rule 869(2) provides:

No driver shall during any race use a whip in a manner in contravention of the Whip and Rein Regulations made by the board.

At the commencement of the hearing Mr Abernethy confirmed that he admitted the breach and that he understood the nature of the charge.

Using Trackside race films Senior Stipendiary Steward, Mr Mulcay identified HA’PENNY (J Abernethy) who was racing one out and challenging for the lead as the field entered the home straight. He said that in the run up the straight Mr Abernethy used his whip in more than a flicking motion on three occasions.

HA’PENNY won the race by half a length.

Mr Abernethy said that he accepted the Stewards’ interpretation of the breach but pointed out that he only struck his horse a total of four times.

Decision

As Mr Abernethy admitted the breach it is deemed to be proved.

Submissions for Penalty

Mr Mulcay advised that Mr Abernethy has a clear record under the Rule – (the rest period being 2 months or 100 drives). He added that Stewards categorised the breach as low level and that the Penalty Guide for a low level breach provides for either a $300 fine or 2 day suspension. He said that Mr Abernethy had indicated to Stewards that he would prefer a fine as opposed to a suspension. He said that Stewards believe that due to the nature of the breach a fine would be an appropriate penalty.

In response Mr Abernethy submitted that the breach was low end and he only applied four strikes. He also asked that his good record and admission of the breach be taken into account.

Reasons for Penalty

After considering the Race films and the submissions, the Adjudicative Committee assessed Mr Abernethy’s breach low level. Low level use of the whip is defined as when a driver inadvertently reverts to the old style i.e. more that a wrist flicking motion but promptly takes corrective steps to return to a compliant style.

Although the films demonstrate that Mr Abernethy used more than a wrist flicking motion the Adjudicative Committee places his culpability at the very low end of the continuum. This is because Mr Abernethy took immediate corrective action to return to a compliant style of whip use, the three flicks were well spaced and minimal force was applied.

It is noted HA’PENNY won the race by half a length, but in the opinion of the Adjudicative Committee the breach was not a determinative factor in the final result of the race.

In consideration of the above factors, including the films and the submissions of both Mr Mulcay and Mr Abernethy a fine of $250 was imposed.

Conclusion:

Mr Abernethy is fined $250.