NZ Metro TC 12 May 2023 – R9 – Gavin Smith

BACKGROUND:

Following the running of Race 9, Mike Rask Running An Plumbing Mobile Pace, the Respondent Driver, Gavin Smith as the Driver of BETTERTHANDIVA in the race, admitted a charge of using his whip in more than a wrist flicking motion near the 1000 metres and again rounding the final bend.

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, Paul Williams, showed video replays of the relevant parts of the race. Firstly, he pointed out BETTERTHANDIVA, driven by the Respondent, racing in the one-out line at the rear of the field passing the 1200 metres. He showed that the Respondent then commenced using his whip to stay with the field, and did so in more than a wrist only flicking motion for some distance.

Mr Williams then showed a video replay of the race passing the 200 metres and early in the run home and, he alleged, the Respondent had again used his whip in more than a wrist only flicking motion.

The Respondent said that he had admitted the charge because he was holding his whip up, and it looked like more than a wrist flicking motion. He claimed that the majority of the whip use was not touching. He needs to change his action with whip in hand when using both reins, he said.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Respondent has had 166 drives this season and, last season, had 272 drives. He has one breach on his record – at Addington on 5 May 2023 (suspended 3 days in a Listed Race), for using his whip in more than a wrist only flicking motion – 26 drives ago.

Mr Williams submitted that the breach was mid-level and, being a second breach, the Stewards were submitting for a term of suspension of not less than 4 days.

The Respondent said that the most recent penalty was for a low-level breach, which only incurred a penalty of suspension because it was in a Listed Race.  Following a discussion, the Respondent elected not to seek a deferment of suspension beyond 18 June 2023, on which date he has nominated drives at Addington.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023), starting point for a mid-level, second breach is a 4-days suspension. The Adjudicative Committee assesses the breach as being mid-level involving, as it did, the two separate incidences of using the whip in more than a wrist only flicking motion at different times in the race.

There are no aggravating or mitigating factors to be considered.

CONCLUSION:

The Respondent Driver, Gavin Smith, is suspended from after racing on 18 June 2023, up to and including 2 July 2023 – 4 days.