NZ Metro TC 13 December 2024 – R8 – David McCormick

BACKGROUND:

Following the running of Race 8, Peek Exhibition (Fillies & Mares Christmas Bonus) Mobile Trot, Open Driver, David McCormick, admitted a breach of the Whip Rules in that, as the Driver of BRIANNA 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.

 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.

EVIDENCE:

Stipendiary Steward, Matt Sole, had Stipendiary Steward, Shane Renault, show a video replay of the final 200-300 metres of the race. Mr Renault pointed out BRIANNA, driven by Mr McCormick, racing beyond mid-field, and amongst runners, as the field turned into the final straight. After turning for home, Mr Renault showed, Mr McCormick commenced to use his whip in more than a wrist only, non-compliant, flicking motion on some six occasions, he alleged. The strikes were of varying degrees of force and were quite well-spaced, Mr Sole said. He added that Mr McCormick did revert to a compliant style over the final stages. The breach was low-level, Mr Sole submitted. The Adjudicative Committee noted that BRIANNA finished in 7th placing in the race.

Mr McCormick accepted Mr Sole’s assessment and did not wish to comment, other than to say he had “a rush of blood”.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said that Mr McCormick has had 42 drives in the 2024 season. He has a clear record, but received a warning at Ashburton TC on 14 November 2024, three drives ago, for using his whip in more than a wrist only flicking motion on the same horse.

Mr Sole then referred to the Penalty Guide starting point for a low-level first breach – $300 fine or 2-days suspension. He said that, in this instance, Mr McCormick wished to have a suspension.

Mr McCormick confirmed that his preference was for a suspension, which could commence immediately, he said. He said he will not be driving at the meeting of Rangiora HRC on 15 December (Drivers notified).

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023) provides a starting point for penalty of a 2-days suspension or a fine of $300 for a low-level, first breach. A “low-level breach” is defined as when a Driver “inadvertently uses the old whipping style before returning to the compliant style”. The Adjudicative Committee sees this particular breach as being low-level within that definition.

Mr McCormick has expressed a preference, in this instance, for a suspension. There are no relevant aggravating or mitigating factors to warrant a departure from the Penalty Guide starting point for a low-level breach of a 2-days suspension.

CONCLUSION:

Open Driver, David McCormick, is suspended from after the close of racing on 13 December 2024, up to and including 22 December 2024 – 2 days. The two meetings intended to be encompassed by the period of suspension are Invercargill HRC on 20 December and Ashburton TC on 22 December 2024.