NZ Metro TC 11 March 2022 – R3 – Richard May

Summary of Facts:

Following the running of Race 3, the Respondent Mr Richard May admitted a breach of Whip Rule 869 (2).  The particulars of the charge are that you used your whip free of the reins.

Rule 869 provides that:

(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.

Stipendiary Steward Mr Nigel McIntyre used available video footage to demonstrate the breach. He showed in the mid-home straight Mr May (SARGENT BEST) shift out into a gap, cross his reins and activate earplugs. He pointed to Mr May then strike his horse once free of the reins before regathering a rein in his whip hand.

In response, the Respondent chose to make no comment.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr McIntrye produced the Respondent’s record which indicated a breach under the Rule on 17 November 2021. He said this breach is within the 6 month reset period and unfortunately for Mr May it is 180 drives ago which is 20 drives short of his record being reset.

Mr McIntyre said that Stewards assessed the breach to be low-level, submitted that it be dealt with by way of a 3-day suspension.

The Respondent stated he had gained a clear run late in the run home and everything happened quickly and he made a simple mistake.

He said if a suspension is proposed a 7-day deferment is sought to enable confirmed driving engagements at the NZMTC meeting on 18 March to be met.

Reasons For Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race the Adjudicative Committee assessed the breach as low-level.

A low-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and or more than a flicking motion) but promptly takes corrective action to return to a compliant style.

A Low-level Penalty range is $200-$400 (first offence).

For a second or subsequent breach at this level, a 3-day suspension.

Having considered all factors, the Adjudicative Committee deemed a suspension to be an appropriate penalty.

Conclusion:

The Respondent is granted a deferment and is suspended for a period of 3 days commencing 20 March 2022 and concluding 23 March 2022.