Manawatu HRC 6 December 2022 – R6 (heard 8 December 2022 at Palmerston North) – Jay Abernethy

ID: RIB14427

Respondent(s):
Jay Abernethy - Driver

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Adjudicators:
Mr N McCutcheon

Persons Present:
J Abernethy, S Mulcay, P Williams - Stipendiary Steward

Information Number:
A17264

Decision Type:
Race Related Charge

Charge:
Used whip with more than a wrist flicking motion

Rule(s):
869(2) - Contravention whip rule

Plea:
Admitted

Animal Name:
WHITEBAIT MARG

Code:
Harness

Race Date:
06/12/2022

Race Club:
Manawatu Harness Racing Club

Race Location:
Manawatu Raceway - Pioneer Highway, Palmerston North,

Race Number:
R6

Hearing Date:
08/12/2022

Hearing Location:
Manawatu Raceway

Outcome: Proved

Penalty: Driver Jay Abernethy is suspended for 3 days

This Information was adjourned from the first night of the meeting to the second night (8 December) due to the Respondent having to catch a flight.

FACTS:

Mr Abernethy admitted a breach of Rule 869(2) in that he used his whip with more than a wrist flicking motion in the home straight when driving “WHITEBAIT MARG”.

Mr Abernethy said that he understood the Rule and the charge.

Mr Williams showed film replays and identified where Mr Abernethy breached the Rule 5 times in the home straight.

Mr Abernethy agreed.

DECISION:

As the charge was admitted it was found proved.

PENALTY SUBMISSIONS:

The record showed that Mr Abernethy had been fined $200 on 13 October 2022 for a breach of Rule 869(2).

The starting point for a second breach in six months is a suspension of 3 driving days.

Mr Abernethy said that he had drives at Auckland on 9 December 2022.

REASONS FOR PENALTY:

The starting point was deemed the appropriate penalty.

CONCLUSION:

Mr Abernethy’s Driver’s Licence was suspended from 10 December to 24 December 2022 inclusive (3 days).

Decision Date: 08/12/2022

Publish Date: 17/01/2023