Northern Southland TC 11 March 2023 – R10 – John Hay

ID: RIB17108

Respondent(s):
John Hay - Driver

Applicant:
Mr Vinny Munro - Stipendiary Steward

Adjudicators:
Mr N Skelt

Persons Present:
Mr Munro, Mr Paul Williams - Stipendiary Steward

Information Number:
A17114

Decision Type:
Race Related Charge

Charge:
Used Whip in more than a wrist flicking motion

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regs

Plea:
Admitted

Animal Name:
Wheels Of Fortune

Code:
Harness

Race Date:
11/03/2023

Race Club:
Northern Southland Trotting Club

Race Location:
Ascot Park Raceway - 29 Findlay Road, Ascot, Invercargill, 9810

Race Number:
R10

Hearing Date:
11/03/2023

Hearing Location:
Ascot Park Raceway

Outcome: Proved

Penalty: Driver John Hay was fined the sum of $200

Background:

Following the running of Race 10, Driver John Hay admitted a breach of Rule 869(2) in that as the Driver of Wheels of Fortune used his whip in more than a wrist flicking motion rounding the final bend.

The Respondent admitted the breach and confirmed he understood the Rule.

Rule 869 provides:

(2) No driver shall during a 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) A driver may only apply a whip in wrist flicking motion holding a rein in each hand with the tip of the whip pointed forwards in an action which does not engage the shoulder.

Evidence:

Stipendiary Steward Mr Paul Williams used video clips to highlight Mr Hay using a whip on three occasions in the run home.

Decision:

The breach is admitted and is therefore deemed proved.

Submission for Penalty:

Mr Munro stated that Mr Hay has had 8398 lifetime drives – 34 last season, and 4 this season. He received a warning on 6 November 2022. Mr Munro believed the breach to be low end with the Penalty Guide having a starting point of a $300 fine.

Mr Hay had no submissions on penalty.

Reasons for Penalty:

The Adjudicative Committee was satisfied there was a clear breach of the Rule, which was supported by the video evidence.

The Adjudicative Committee also believed the breach was at the low end, and that a $100 reduction to penalty was appropriate, also being made as to the early admittance of the breach.

Conclusion:

The Respondent, Driver John Hay, was fined the sum of $200.

Decision Date: 11/03/2023

Publish Date: 14/03/2023