Methven TC 28 January 2024 – R1 – Gavin Smith

BACKGROUND:

Following the running of Race 1, Rangiora RSA Trot, Open Driver, Gavin Smith, denied a breach that, as the Driver of HEARTBREAK HOTEL in the race, he used his whip when out of contention leaving the final bend and early in the run home.

Rule 869(2) provides:

(2)   No driver shall during any race use a whip in a manner in contravention of the Whip and Rein Regulations made by the Board.  

The Whip and Rein Regulations provide:

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 his whip in an unapproved manner in the following circumstances which are not exclusive:

3.4.3  If the whip is applied when the horse:

         3.4.3.2  is not in contention.

EVIDENCE:

Mr Renault showed video replays of the relevant part of the race. He said that the horse had been slow away (it did not break) and raced at the rear of the field. It caught the field with approximately 1000 metres to run. From about the 600 metres, the horse lost the back of the runner last of the bunch, BRIGHTMAN (Kyle Cameron) and commenced to weaken, having had to work hard to catch the field.

Just prior to the home turn, the Respondent began using his whip on the horse, before putting it away at about the 200 metres. The allegation of Stewards was that when the horse was dropping away, just prior to the turn, it was out of contention, many lengths behind the field, and there was no need for the Respondent to use his whip, as it had no chance of running in the first five placings.

The Respondent said that he did not believe that the horse was out of contention. It was a very green horse that does not trot the bends very well – it gets “wobbly” and can’t be pushed. When it gets into the straight, it goes. It can go from “dead” and then “take off”. The horse was “insanely better” than the rest of the field, he said. The horse was well favoured (3/4 in the betting). It had galloped in its two starts at Nelson, but its trial times were superior to any other runner in the field. He said he felt that once he straightened up and got running out and the horse grabbed the bit, it still could run “in the money”. There were only seven horses in front of it, and he was obligated to try it, he said. When he used his whip on the horse, he expected it to pick up the runners in front easily. He had nursed the horse around and only gave it “two or three flicks”, he said. He had eased the horse right down at the finish.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

The Adjudicative Committee noted the Respondent’s explanation for his actions. As unlikely as it seems, the Respondent may have believed that, notwithstanding that it appeared to be tailed off and not making ground, the horse was still in contention.

The Adjudicative Committee can only judge the Respondent’s actions from the point of view of a knowledgeable and objective observer. That observer would view the position of the horse in the race – many lengths behind the runner in front and appearing to be struggling to make ground on that runner – and assess the likelihood of the horse putting itself in contention from that position. In all likelihood, a reasonable observer would consider the horse to be “not in contention”. This Adjudicative Committee takes that view.

Of course, there is an animal welfare aspect to this particular breach of the Whip Rules, and Stewards and Adjudicative Committees cannot condone use of the whip on a horse they consider to be out of contention. They have an obligation to protect the image of Harness Racing.

The Adjudicative Committee cannot accept the Respondent’s defence and finds that the horse was not in contention. The Respondent has used his whip on the horse, and is therefore in breach of the Whip and Rein Regulations.

SUBMISSIONS FOR PENALTY:

Mr Renault referred to the Penalty Guide, which provides for a starting point for penalty for a breach of using the whip on a horse not in contention, of a $200 fine. He submitted that was an appropriate penalty in this case.

REASONS FOR PENALTY:

The Adjudicative Committee noted the penalty suggested in the RIB Harness Racing Penalty Guide (February 2023) and deemed it an appropriate penalty for this particular breach, there being no relevant aggravating or mitigating factors.

CONCLUSION:

Open Driver, Gavin Smith, was fined $200.