Marlborough HRC 19 January 2024 – R12 (heard 21 January 2024 at Blenheim) – Ian Cameron

Summary of Facts:

This was an adjourned hearing from the Marlborough Harness Racing Club’s Meeting on 19 January 2024.

Following the running of Race 12, the Respondent Open Driver Ian Cameron admitted a breach of Whip Rule 869(2).  The particulars of the charge are that when driving GINAS MAJESTY, 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 Cameron driving GINAS MAJESTY racing midtrack and in contention after turning for home. Mr McIntyre showed that Mr Cameron drew his whip, using it on 6 to 7 occasions with more than a wrist flicking motion over the concluding stages.

Mr Cameron concurred with the number of strikes alleged and stated he believed he was only using a wrist flicking motion with the whip, but after viewing the film, agreed he was in breach.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr McIntyre produced the Respondent’s record which indicated a clear record, with a warning issued at Westport on 26 December 2023, for use of the whip with more than a wrist flicking motion.

Mr McIntyre said that Stewards assessed the breach to be mid-level, with the Penalty Guide providing a $500 fine or a 2 day suspension as starting point for a mid-range breach.  He submitted that a 2 day suspension be considered as penalty in this case.

Mr Cameron stated he would prefer a suspension. He added that he 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 mid-level.

The Penalty Guide provides a 2-day suspension or $500 fine starting point for a mid-range breach of this Rule.

It was determined that there were no aggravating factors to consider, therefore no uplift was warranted.

After taking consideration of all factors and submissions, the Adjudicative Committee deemed a 2-day suspension to be an appropriate penalty.

Conclusion:

The Respondent is suspended for a period of 2 days, commencing after racing on 21 January 2024, up to and including 28 January 2024. Relevant race days encompassed in this period of suspension are Addington – 26 January and Methven – 28 January 2024.