Methven TC 8 September 2024 – R1 – Jessica Young-Grant

BACKGROUND:

Following the running of Race 1, Mount Hutt Workouts Mobile Pace, Open Driver, Jessica Young-Grant, admitted a breach of the Whip Rules in that, as the Driver of VERDUCCI in the race, she “used her whip with more than a wrist flicking motion in the home straight”.

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 VERDUCCI, driven by Mrs Young-Grant, racing in mid-field and improving widest on the track as the field turned into the final straight. He then showed that Mrs Young-Grant commenced using her whip, and did so in more than a wrist only flicking motion. After five such strikes, he showed that she paused to activate gear, before resuming using her whip in a non-compliant manner. He said that Mrs Young-Grant had conceded that she had her hand too high, getting it up by her shoulder and engaging her elbow and shoulder.

The Adjudicative Committee noted that VERDUCCI finished in 3rd placing.

Mrs Young-Grant submitted that she had not done anything bad, but it was clear from the video replay that she had got carried away, she said.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said that Mrs Young-Grant has had 19 drives in the 2024 season, with lifetime drives of 1,877. She had received a warning on 9 August last, for using her whip in a continuous manner. The present breach was mid-to-high level, Mr Sole submitted, and hence the charge.

The starting point for a mid-level breach is a $500 fine or a 2-days suspension and, for a high-level breach, a 3-days suspension, Mr Sole said. He said that not all strikes were non-compliant and not “overly forceful” in nature and, on that basis, the breach was nearer to mid-level – a fine of $500 or a suspension of not less than 2 days, he submitted. Mrs Young-Grant said that her record was a very good one, and she stressed that the strikes were not forceful at all. She would prefer a suspension over a $500 fine, she said.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023) provides a starting point for penalty of a $500 fine or a 2-days suspension 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”. The Adjudicative Committee accepts that this particular breach is a mid-level one within that definition. The number of offending strikes while quite high, were broken up and were not delivered with any amount of force.

There are no relevant aggravating or mitigating factors to warrant a departure from the Penalty Guide starting point for a medium-level, first breach of a 2-days suspension.

CONCLUSION:

Open Driver, Jessica Young-Grant, is suspended from after the close of racing on 8 September 2024, up to and including 15 September 2024 – 2 days.