Methven TC 10 October 2021 – R9 – Robbie Holmes

ID: RIB5160

Respondent(s):
Robbie Holmes - Driver

Applicant:
Paul Williams, Stipendiary Steward

Adjudicators:
Russell McKenzie

Information Number:
A16707

Decision Type:
Adjudicative Decision

Charge:
Using Whip in More Than a Wrist Flicking Motion

Rule(s):
869 (2) and Whip and Rein Regulations

Plea:
Admitted

Animal Name:
Kahress

Code:
Harness

Race Date:
10/10/2021

Race Club:
Methven Trotting Club

Race Location:
Orari Raecourse - Orari Station Road, Orari, 7992

Race Number:
R9

Hearing Date:
10/10/2021

Hearing Location:
Orari Racecourse, Orari

Outcome: Proved

Penalty: Driver Robbie Holmes is suspended for 3 days

SUMMARY OF FACTS:

Following Race 9, What The Hill F&M Trotting Classic Handicap Trot, Mr Holmes was charged that, as the Driver of KAHRESS in the race, he used his whip in more that a wrist flicking motion (in the home straight).

SUBMISSIONS:

Mr Williams showed a video replay of the final 300 metres of the race. He pointed out KAHRESS, driven by Mr Holmes, racing outside the leader, THE BLOSS, as the field entered the final straight. He alleged that Mr Holmes, in the final straight, had used his whip on 10-11 occasions, some strikes in quick succession, in more than a wrist only flicking motion. There were no non-compliant strikes over the final stages, Mr Williams said. There was some force applied and, for that reason, Stewards placed the breach in the medium-level.

REASON FOR DECISION:

Mr Holmes has admitted the charge which is found proved accordingly.

SUBMISSIONS FOR PENALTY:

Mr Williams said that Mr Holmes had been fined $400 on 18 May last for using his whip free of the rein. He has had 75 drives since then. Mr Holmes’ driving has been restricted recently through injury. As a second offence within 6 months, Stewards believed that a period of suspension of not less than 3 days was appropriate, Mr Williams said.

After a consideration of upcoming meetings, Mr Holmes elected not to seek a deferment of suspension.

REASONS FOR PENALTY:

This breach is a clear medium-level breach and it is Mr Holmes’ second offence for penalty purposes. The Stewards have submitted for a penalty of not less than a 3-days suspension. The Adjudicator did consider a 4-days suspension, but decided that a 3-days suspension will be adequate.

The Adjudicator did give consideration to whether KAHRESS finishing 2nd in the race was an aggravating factor but, in the end, the margin back to the 3rd runner (3/4 length) left some doubt as to whether it had gained any advantage.

CONCLUSIONS:

Open Driver, Robbie Holmes’ Open Driver’s Licence is suspended from after racing today up to 3 days. The meetings intended to be encompassed by the period of suspension are NZ Metropolitan TC on 15 October, Oamaru TC  on 17 October and NZ Metropolitan TC on 21 October 2021.

Decision Date: 30/10/2021

Publish Date: 11/10/2021