NZ Metro TC 14 July 2022 – R4 – Carter Dalgety

BACKGROUND:

Following the running of Race 4, the Respondent, Junior Driver, Carter Dalgety, admitted a breach of Whip Rule 869(2). The particulars of the charge are that, as the Driver of TWEEDLEDEE in the race, he used his whip in more than a wrist only flicking motion in the later stages of the race.

Rule 869 provides that:

(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 Regulation provides:

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:

Manager of Stewards, Nigel McIntyre, used a video replay to demonstrate the breach. He pointed out TWEEDLEDEE, driven by the Respondent, widest on the track in the 9-horse field as the field raced inside the 100 metres. He then showed that the Respondent used his whip in more than  a wrist only flicking motion on 4-5 occasions over the concluding stages. TWEEDLEDEE won the race by a head margin.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that the Respondent said that Stewards saw the breach as being low-level. The Respondent had simply got excited and had won the race – an aggravating factor but offset by the fact that he is a Junior Driver.

The Respondent has had 59 drives in the current season and last season had 38 drives, Mr McIntyre said. He is a young man just starting his driving career and this is his first charge of any description, he said. The starting point for penalty is $200, he said. This is a low-level breach

Mr Williams said that the Respondent has a very good record with no previous breaches of the Whip Rule. He is a young man just starting out in his driving career. His horse did not win by much and he has got a bit excited. He has admitted the charge and will learn from it, Mr Williams said.

REASONS FOR PENALTY:

The breach is low-level within the definition contained in the HRNZ Whip Penalty Guide – “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style”. The penalty level for a low-level first offence is a fine of $200-400.

The Adjudicative Committee noted that Mr Dalgety won the race by a narrow margin (a head) which, in normal circumstances, would be considered an aggravating factor in a charge such as this. However, taking other factors into account – Mr Dalgety’ s Junior Driver status and that this is the first charge of any sort that he has faced in his short and promising career – these can be regarded as offsetting that aggravating factor on this occasion. A fine at the lower end of the Penalty Guide range – that is to say, $200 – is appropriate.

CONCLUSION:

Junior Driver, Carter Dalgety, is fined $200.