Methven TC 11 September 2022 – R7 – (Heard at Motukarara on 25 September 2022) – Kerryn Tomlinson

BACKGROUND:

Following the running of Race 7, Betavet Junior Drivers Mobile Pace, an Information was filed against the Respondent Junior Driver, Kerryn Tomlinson, alleging a breach of Whip Rule 869(2) in that, as the Driver of OLIVE COOK in the race, she used her whip in a continuous manner in the run home.

The Information was filed with the Adjudicative Committee on the raceday and heard at the meeting of Banks Peninsula TC at Motukarara on 25 September 2022.

The Respondent endorsed the Information “I do admit a breach of the rule” and she confirmed this at the hearing. She waived assistance from a Senior Driver at the hearing.

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 Use of the Whip Regulation provides:

3.3  A driver shall not use a whip in an unapproved manner.

3.4  For the purposes of clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

3.4.2  If the whip is applied excessively, continuously or without allowing the horse time to respond.

EVIDENCE:

Stipendiary Steward, Paul Williams, showed a video replay of the final 200-300 metres of the race, from when the field turned into the home straight. He pointed out OLIVE COOK, driven by the Respondent, wide and towards the rear of the field as the field turned for home. Mr Williams stated that the charge was for continuous use of the whip. There was no excessive force used, he said, but the whip use was continuous prior to and after activating gear, for the majority of the home straight. He demonstrated the breach by use of the video replay.

The Respondent accepted that her whip use was continuous. She had not stuck the horse hard but, rather, was,  trying to “motivate” it, she said.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Paul Williams said that the Respondent has had 152 drives this season and, in the extended 2021 season, had 533 drives.  She has previously received two warnings for using her whip in a continuous manner. She has had 44 drives since the last warning – on 1 July 2022 at Invercargill.

The usual starting point for penalty, Mr Williams submitted, has been a fine of $300, and he suggested that as a starting point in this case. He pointed out that the Respondent had won the race but, since the strikes were not forceful, she had most likely not gained any advantage.

The Respondent said that she had not won a race in Canterbury all season, so she was quite excited to be winning a race in Canterbury as a Junior Driver. She added that she did not get $300 for winning the race, and she often travels from her home in Oamaru to the province for, sometimes, only one drive. She added that any strikes were not forceful.

REASONS FOR PENALTY:

The Adjudicative Committee took, as a starting point for penalty, a fine of $300 which is, more often than not, the fine imposed for a breach involving continuous use of the whip. The Penalty Guide does not specify a penalty starting point for continuous use. There was some merit in the Respondent’s submissions and taking those into account, her status as a Junior Driver and that the use of the whip was not in any way excessive or offensive, the Adjudicative Committee has decided that a discount of $50 from the usual starting point of $300 is appropriate. While winning the race is often an aggravating factor, the Adjudicative Committee does not regard it as such in this case.

CONCLUSION:

The Respondent, Junior Driver Kerryn Tomlinson, is fined $250.