Methven TC 1 November 2024 – R3 – Ricky May

BACKGROUND:

Following the running of Race 3, Boags Contracting Pace, Open Driver, Ricky May, admitted a breach of the Whip Rules in that, as the Driver of MELTON MAGNATE in the race, he “used his whip with more than a wrist flicking motion early in the run home”.

Rule 869 provides:

(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.

The Whip and Rein Regulations provide:

3.1     A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

 3.2     For the purposes of clause 3.1, “wrist only flicking motion” means:

 3.2.1    Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

EVIDENCE:

Stipendiary Steward, Matt Sole, showed a video replay of the final 200-300 metres of the race. He pointed out MELTON MAGNATE, driven by Mr May, racing in the one-out, one-back position as the field neared the home turn. Turning into the straight, Mr May commenced using his whip and three or four strikes early in the run home, were with more than a wrist only flicking motion, Mr Sole said.

Mr May said that his runner had pull-up blinds and earplugs, but the cord had broken and his horse would not run. That is why he was “aggressive”, he said. He also pointed out that his runner was the favourite for the race.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said that Mr May has had 437 drives in the 2024 season. He received a warning at Addington on 20 September last, for using his whip in more than a wrist flicking motion.

Mr Sole said the breach was low-level, involving only three strikes. He referred to the Penalty Guide starting point for a low-level, first breach – a $300 fine or a 2-days suspension.

Mr May told the Adjudicative Committee that he would prefer a fine to a suspension.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty of a 2-days suspension or a $300 fine for a low-level, first breach. A “low-level breach” is defined as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style”. The Adjudicative Committee accepts that this particular breach is a low-level one within that definition. The number of offending strikes was not high, and the strikes were not delivered with any amount of force.

There are no aggravating factors. The Adjudicative Committee takes into account a couple of mitigating factors – Mr May’s admission of the breach and the explanation given by him. For those factors, the Adjudicative Committee gives a discount of $50 from the Penalty Guide starting point.

CONCLUSION:

Open Driver, Ricky May, is fined the sum of $250.