NZ Metro TC 12 November 2024 – R3 – Luke Whittaker

BACKGROUND:

Following the running of Race 3, Mitre 10 Handicap Trot, Open Driver, Luke Whittaker, admitted a breach of Rule 869(2) in that, as the Driver of ZOLTAN BOSCIK in the race, 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 ZOLTAN BOSCIK, driven by Mr Whittaker, the leading runner as the field turned into the final straight. He showed that, shortly thereafter, Mr Whittaker commenced using his whip and did so, in more than a wrist only flicking motion from that point on, up to 10 occasions, to the finishing line. The Adjudicative Committee noted that ZOLTAN BOSCIK finished in 2nd placing, beaten by a neck, and 1½ lengths clear of the 3rd placed runner.

Mr Whittaker did not wish to comment, but accepted the count alleged by Mr McIntyre.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Mr Whittaker has a clear record under the Whip Rules. The Adjudicative Committee noted that he has had 6 drives this season.

Stewards saw the breach as being high-level, Mr McIntyre said. He referred to the Penalty Guide, which provides for a 3-days suspension for such a breach.

Mr Whittaker said that he wished the suspension to commence immediately.

REASONS FOR PENALTY:

The Adjudicative Committee assessed the level of the breach as being high-level. A “high-level breach” is defined  in the Regulations as when “the Driver shows total disregard for the Regulations and does not return to a compliant style”.

The RIB Harness Racing Penalty Guide (October 2024) provides for a starting point for penalty for a high-level breach of a 3-days suspension. There are no relevant aggravating or mitigating factors to be considered.

CONCLUSION:

Open Driver, Luke Whittaker, is suspended from after the close of racing on 12 November 2024, up to and including 23 November 2024 – 3 days.