NZ Metro TC 12 May 2023 – R7 – Nathan Williamson

BACKGROUND:

Following the running of Race 7, Hydroflow NZ Country Championship Final Handicap Pace (Listed Race), the Respondent, Open Driver, Nathan Williamson, as the Driver of GET UP N DANCE in the race, admitted a charge that he used his whip with 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

 EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, showed a video replay of the final 200 metres of the race. He pointed out GET UP N DANCE, driven by the Respondent, racing outside the leader, WHEELS OF FORTUNE, as the field turned into the final straight. Stewards were alleging that the Respondent had used his whip with more than a wrist flicking motion on some 4-5 occasions in the run home, Mr McIntyre said, until just short of the finishing line.

The Respondent did not wish to comment.  He said that he understood the Rule and accepted he had broken it.

DECISION:

The charge is admitted and therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Chief Stipendiary Steward, Nigel McIntyre, told the Adjudicative Committee that the Respondent had a previous breach of the Whip Rules at Waikouaiti on 5 February 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 in the low-mid range.  He submitted that the term of suspension should be 3 days.

After a discussion of upcoming race dates, the Respondent elected not to seek a deferment of suspension.

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 a Listed Race in the RIB Harness Racing Penalty Guide (February 2023) is a 5-days suspension, the first breach being the breach at Waikouaiti on 3 February last. Having regard to the low-level nature of the breach and the Respondent’s admission of the breach, the Adjudicative Committee decided that a 4-days suspension was the appropriate penalty.

CONCLUSION:

The Respondent, Open Driver, Nathan Williamson, is suspended for 4 days, commencing after 13 May 2023, up to and including 27 May 2023 – 4 days.