NZ Metro TC 11 November 2022 – R1 – Lawrence McCormick

ID: RIB12665

Respondent(s):
Lawrence McCormick - Driver

Applicant:
Mr N McIntyre - Chairman of Stewards

Adjudicators:
Dave Anderson (Chair) and Stewart Ching

Persons Present:
RIB Stewards McIntyre, Renault and Mr McCormick

Information Number:
A17020

Decision Type:
Race Related Charge

Charge:
Using whip with more than a wrist flicking motion.

Rule(s):
869(2) - Contravention whip rule - Whip Regulations

Plea:
Admitted

Animal Name:
VERTIGO

Code:
Harness

Race Date:
11/11/2022

Race Club:
NZ Metropolitan Trotting Club Inc

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

Race Number:
R1

Hearing Date:
11/11/2022

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

Outcome: Proved

Penalty: Driver Lawrence McCormick is suspended for 4 days.

Summary of Facts:

Following the running of Race 1, the Respondent Mr Lawence McCormick admitted a breach of Whip Rule 869 (2).  The particulars of the charge are that “L McCormick (VERTIGO) used his whip with more than a wrist flicking motion in the run home”.

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.

Chief Stipendiary Steward McIntyre used available video footage to demonstrate the breach. He identified Mr McCormick finishing strongly in the passing lane and using his whip 9 times outside the requirements of the Whip Regulations.

In response, the Respondent made no comment.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr McIntyre produced the Respondent Mr McCormick’s record which indicated a previous breach on 19 June 2022 where he was fined $200.

Mr McIntyre said that Stewards assessed the breach to be, medium-level and submitted that it be dealt with by way of a 4-day suspension.

The Respondent made no submissions on the penalty but asked to start any suspension immediately.

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 mid-level.

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.

In terms of penalty, the Respondent submitted he agreed with Mr McIntyre’s assessment of the breach.

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

Conclusion:

The Respondent is suspended for a period of 4 days commencing after the conclusion of racing today, 11 November 2022 and concluding on 25 November 2022.

Decision Date: 11/11/2022

Publish Date: 14/11/2022