NZ Metro TC 11 June 2023 – R4 – Stephen McNally

BACKGROUND:

Following the running of Race 4, ‘Heavyweight Hero’ & ‘Callie’s Delight’ Group 1 Winners  Pace, the Respondent, Driver Stephen McNally, as the Driver of ROCKENROLL GRADUATE in the race, admitted a charge of using his whip in more than a wrist flicking motion in the run home.

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.

3.2.2. The forearm is not raised beyond forty-five degrees relative to the racing surface.

3.3.3  Not applying the whip with overt force.

EVIDENCE:

Stipendiary Steward, Matt Sole, showed a video replay of the final 200-300 metres of the race. He pointed out ROCKENROLL GRADUATE, driven by the Respondent, racing in the trail behind the leader as the field neared the home turn. The Respondent then switched to an outside run and, from that point, Mr Sole alleged, he used his whip on a number of occasions in more than a wrist only flicking motion. The Respondent did revert to a compliant style after activating gear inside the 100 metres. The breach was low-mid level, Mr Sole said. The Adjudicative Committee noted that ROCKENROLL GRADUATE finished in 2nd placing.

The Respondent did not wish to comment.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said that the Respondent has a clear record under the Whip Rules. He said that the Respondent had expressed a preference for a suspension. Mr Sole said that Stewards were seeking a 2-days suspension accordingly.

The Respondent had no submission to make in relation to penalty, but indicated that he sought a deferment of suspension until after racing on Sunday, 18 June 2023.

REASONS FOR PENALTY:

The Adjudicative Committee noted that the Respondent has had 14 drives in the current season to date and, last season, had 33 drives.

The breach is mid-level, which is defined in the Penalty Guide 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), starting point for a first low or mid-level breach is a 2-days suspension. There are no relevant aggravating or mitigating factors to be considered.

CONCLUSION:

The Respondent’s application for a deferment is granted.

The Respondent, Driver Stephen McNally, is suspended from after racing on 18 June 2023 up to and including 25 June 2023 – 2 days.