NZ Metro TC 1 May 2024 – R1 – Barry White

BACKGROUND:

Following the running of Race 1, Garrards (Amateur Drivers) Mobile Pace, Licensed Advanced Amateur Driver, Barry Graham White, admitted a charge that, as the Driver of TEDDY BAKER in the race, he used his whip with more than a wrist flicking motion in the run home.

Rule 869 provides as follows:

(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, Paul Williams, showed a video replay of the final 300 metres of the race. He pointed out TEDDY BAKER, driven by the Respondent, clear in the lead as the field turned into the final straight. Mr Williams then showed that the Respondent used his whip in more than a wrist only flicking motion on six occasions, before reverting to a compliant style over the final stages.

The Respondent did not wish to say anything other than to confirm his agreement with the alleged number of strikes.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Respondent has a clear record. Stewards considered the breach to be medium-level, he said. He referred to the Penalty Guide starting point for a medium-level breach of a $500 fine or a 2-days suspension. He left it to the Adjudicative Committee to decide the appropriate penalty.

The Respondent expressed a preference for a term of suspension.

REASONS FOR PENALTY:

The Adjudicative Committee found the breach to be medium-level, as submitted by Mr Williams. A medium-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 RIB Harness Racing Penalty Guide (February 2023) provides a starting point for a medium-level breach of a $500 fine or a 2-days suspension.

Having regard to the fact that the Respondent is an Amateur Driver and has asked for a suspension rather than a fine, the Adjudicative Committee is disposed to impose a period of suspension in terms of the Penalty Guide. A 2-days suspension for an Amateur Driver is calculated on the basis of 2 drives per month

CONCLUSION:

Licensed Advanced Amateur Driver, Barry White, is suspended from 2 June 2024, up to and including, 1 July 2024 – 2 days / 1 month.