Manawatu HRC 16 March 2023 – R5 (heard 31 March 2023 at Manawatu) – Jay Abernethy
ID: RIB18127
Animal Name:
RAGING WHITEBAIT
Code:
Harness
Race Date:
16/03/2023
Race Club:
Manawatu Harness Racing Club
Race Location:
Manawatu Raceway - Pioneer Highway, Palmerston North,
Race Number:
R5
Hearing Date:
31/03/2023
Hearing Location:
Manawatu Raceway
Outcome: Proved
Penalty: Driver Jay Abernethy is suspended for 4 days
FACTS
This matter (Information A17270) was opened and adjourned on 16 March 2023.
Mr Abernethy, Driver of ‘RAGING WHITEBAIT’ admitted a breach of Rule 869(2) & the Whip & Rein Regulations, more than a wrist flicking motion.
Mr Abernethy said that he understood the Rule, charge and confirmed that he admitted the breach.
SUBMISSIONS
Film replays were shown with Mr Sole identifying the breach in the run home.
Mr Sole said that Mr Abernethy struck his mount 4 to 5 times with more than a wrist flicking motion.
Mr Abernethy agreed with the number of strikes that were not compliant.
DECISION
As the charge was admitted, it was deemed proved.
PENALTY SUBMISSIONS
The record showed three prior breaches of the Whip Rule in the last six months:
02.01.23Â Â Â Â Â Â Â Â –Â Â Â Â Â Â Â Â Â Â 4-Days Suspension
06.12.22Â Â Â Â Â Â Â Â –Â Â Â Â Â Â Â Â Â Â 3-Days Suspension
13.10.22Â Â Â Â Â Â Â Â –Â Â Â Â Â Â Â Â Â Â $200 Fine
Mr Mulcay placed the breach low to mid-range.
The Penalty Guide was discussed.
Mr Abernethy asked the Adjudicative Committee to consider the upcoming Premier days when considering penalty.
REASONS FOR PENALTY
The Adjudicative Committee took into account the record, admitted breach and the upcoming meetings when fixing an appropriate penalty.
CONCLUSION
Mr Abernethy’s Driver’s Licence was suspended from the end of racing on 31 March, through to and including, racing on 27 April 2023. The days being 6 & 14 April at Cambridge, 22 April at Auckland and 27 April at Cambridge (4 days).
Decision Date: 31/03/2023
Publish Date: 03/04/2023