Manawatu HRC 16 March 2023 – R5 (heard 31 March 2023 at Manawatu) – Jay Abernethy

ID: RIB18127

Respondent(s):
Jay Abernethy - Driver

Applicant:
Mr A Dooley - Stipendiary Steward

Adjudicators:
Mr N McCutcheon

Persons Present:
Mr J Abernethy, Mr S Mulcay – Senior Stipendiary Steward, Mr M Sole – Stipendiary Steward

Information Number:
A17270

Decision Type:
Race Related Charge

Charge:
Used whip with more than a wrist flicking motion in run home

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regulations

Plea:
Admitted

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:

02.01.23         –           4-Days Suspension

06.12.22         –           3-Days Suspension

13.10.22         –           $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