NZ Metro TC 21 January 2022 – R1 – Alan Edge

ID: RIB7069

Respondent(s):
Alan Edge - Other (Amateur Driver)

Applicant:
Nigel McIntyre-Manager of Stewards

Adjudicators:
Stewart Ching

Persons Present:
Mr McIntyre, Mr Edge

Information Number:
A13337

Decision Type:
Race Related Charge

Charge:
Contravention of the Use of Whip and Rein Regulations

Rule(s):
869(2)(b) - Contravention whip rule

Plea:
Admitted

Code:
Harness

Race Date:
21/01/2022

Race Club:
NZ Metropolitan Trotting Club Inc

Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024

Race Number:
R1

Hearing Date:
21/01/2022

Hearing Location:
Addington

Outcome: Proved

Penalty: Amateur Driver, Mr Edge suspended for 6 weeks

SUMMARY OF FACTS:

Mr Edge was charged following Race 1, the Welcome Back To Addington (Amateur Drivers) Mobile Pace, in that he used his whip free of the rein in the run home when driving PAY ME VISA.

EVIDENCE:

Mr McIntyre showed a video replay and pointed out PAY ME VISA, driven by Mr Edge, in contention in the run home.  He showed Mr Edge cross his reins and draw the whip, striking PAY ME VISA on 3 occasions, with his whip hand free of the rein. He stated that the strikes were not offensive and the breach was low level.

Mr Edge conceded he was outside the Regulation requirements but added that at least one of the strikes was on the shaft.

DECISION:

Mr Edge having admitted the charge, is found proved accordingly.

SUBMISSION FOR PENALTY:

Mr McIntyre told the hearing that Mr Edge had received a $200 fine on 5 September 2021 at Ashburton, for a low level breach of the Rule. He stated that this was Mr Edge’s second offence and submitted as per the Penalty Guide, a suspension be imposed.

Mr McIntyre stated that Amateur Drivers were assessed as having 2 drives per month on average when assessing penalty. He said that the starting point for a 2nd and consequent breach is a 3-5 day suspension and submitted that a six week suspension be considered as penalty in this case.

Mr Edge made no submissions in regard to penalty apart from stating that he did not seek a deferment.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 3-5 day suspension, mitigation inclusive, as a starting point for a second breach of the Whip Rule. The Adjudicator determined that a suspension was an appropriate penalty with this case and concurred with Mr McIntyre, that the level of the breach was low. After taking into consideration the submissions from Mr McIntyre, determined that a meaningful suspension for Mr Edge, being an Amateur Driver, was a six week suspension.

CONCLUSIONS:

Mr Edge is suspended from the conclusion of racing today, 21 January 2022 up to and including 4 March 2022, a period of six weeks.

Decision Date: 21/01/2022

Publish Date: 24/01/2022