Methven TC 28 January 2024 – R10 – Philippa Wakelin

BACKGROUND:

Following the running of Race 10, Lincoln Club & Famous Grouse Handicap Trot, Open Driver, Philippa Wakelin, admitted a breach of the Whip Rules in that, as the Driver of MUSCLYNN in the race, she “used her whip with more than a wrist flicking motion and in a continuous manner in the run home”.

(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.

 3.4     For the purposes 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, Shane Renault, showed a video replay of the final 250 metres of the race. He pointed out MUSCLYNN, driven by the Respondent, racing in the trail behind the leader SODS LAW (James Geddes) as the field turned into the final straight. She then moved her runner out to challenge and commenced using her whip.

Through the early and middle stages, the whip use was used in more than a wrist only flicking motion and continuous, but with very little force, he said – “too big during the middle, and just too many overall”, Mr Renault said.

The Respondent acknowledged that the breach was clear from the video replay. She was trying to get the best out of her horse for her Owners, she said. She admitted she had done wrong and should have exercised more control.

DECISION:

The charge having been admitted, it is found proved.

SUBMISSIONS FOR PENALTY:

Mr Renault told the hearing that the Respondent has had 3 drives this season and, in the 2023 season, 44 drives. She has a clear record. Stewards saw the breach as being mid-level for which the Penalty Guide starting point is a fine of $500 or a 2-days suspension.

The Respondent said that she would prefer a suspension and she did not seek a deferment of suspension.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023) provides a starting point for penalty of a 2-days suspension or a fine of $500 for a mid-level, first breach. A “mid-level breach” is defined as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving”. The Adjudicative Committee accepts that this particular breach is a mid-level one within that definition.

The Respondent has expressed a preference, in this instance, for a suspension. There are no relevant aggravating or mitigating factors to warrant a departure from the Penalty Guide starting point of a 2-days suspension.

CONCLUSION:

The Respondent’s Open Driver’s Licence is suspended from after the close of racing on 28 January 2024, up to and including 6 February 2024 – 2 days.