NZ Metro TC 12 May 2023 – R7 – Korbyn Newman
ID: RIB21434
Animal Name:
Mighty Looee
Code:
Harness
Race Date:
12/05/2023
Race Club:
NZ Metropolitan Trotting Club Inc
Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024
Race Number:
R7
Hearing Date:
12/05/2023
Hearing Location:
Addington Raceway, Christchurch
Outcome: Proved
Penalty: Junior Driver, Korbyn Newman, suspended 4 days and fined $300
BACKGROUND:
Following the running of Race 7, Hydroflow NZ Country Championship Final Handicap Pace (Listed Race), the Respondent, Junior Driver, Korbyn Newman, as the Driver of MIGHTY LOOEE in the race, admitted a charge of using his whip in a continuous manner in the run home and with more than a wrist flicking motion.
The Respondent was assisted at the hearing by Open Driver, John Dunn.
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:
3.3 A driver shall not use a whip in an unapproved manner.
3.4 For the purposes of Clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.2 If the whip is applied excessively, continuously, or without allowing the horse time to respond.
EVIDENCE:
Chief Stipendiary Steward, Nigel McIntyre, showed a video replay of the final 200-300 metres of the race. He pointed out MIGHTY LOOEE, driven by the Respondent, 3-wide rounding the final turn. Stewards were concerned that the Respondent had used his whip in a continuous manner and with more than a wrist flicking motion from about the 150 metres, Mr McIntyre said, until just short of the finishing line.
The Respondent said that he had got excited, the race being a “big race”.
DECISION:
The charge is admitted and therefore deemed proved.
SUBMISSIONS FOR PENALTY:
Chief Stipendiary Steward, Nigel McIntyre, told the hearing that the Respondent had a previous breach of the Whip Rules at Addington on 24 March 2023, for which he received a fine of $300.
The starting point for penalty is a 3-days suspension, Mr McIntyre said. Stewards saw the breach as being low-level, for which the Penalty Guide also prescribed a fine of 12.5% of the Respondent’s share of the stake – in this case $300. He submitted that the term of suspension should be 3 days.
The Respondent sought a deferment of suspension until after 19 May 2023.
REASONS FOR PENALTY:
The Adjudicative Committee found that this breach was low-level, as submitted by Stewards. The Adjudicative Committee notes that the starting point for penalty for a second breach in the RIB Harness Racing Penalty Guide (February 2023) is a 5-days suspension. The first breach was the breach at Addington on 24 March last.
A discount from the starting point is not always given, but one is appropriate in this case. Importantly, the Respondent is a Junior Driver and this win was the biggest of his career to date. The breach was low-level and the Respondent has frankly admitted the breach. He is also being fined $300, as provided in the Penalty Guide, which the Adjudicative Committee also takes into account.
CONCLUSION:
The Respondent, Junior Driver Korbyn Newman, is suspended for 4 days, commencing after 19 May 2023 up to and including 1 June 2023 – 4 days.
In addition, the Respondent is fined the sum of $300.
Decision Date: 12/05/2023
Publish Date: 17/05/2023