NZ Metro TC 17 December 2024 – R4 – Clint Ford

BACKGROUND:

Following the running of Race 4, Get Your Xmas Chicken at Cantab Gourmet Chicken Mobile Trot, Open Driver, Clint Ford, admitted a breach of the Whip Rules in that, as the Driver of MAROUBRA 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, showed a video replay of the final 200-300 metres of the race. Mr Sole pointed out MAROUBRA, driven by Mr Ford, racing in the trail as the field turned into the final straight. After turning for home, Mr Sole alleged, Mr Ford used his whip in more than a wrist only flicking motion, engaging the elbow, on up to nine or ten occasions.  He added that Mr Ford did revert to a compliant style over the final stages of the race.

The Adjudicative Committee noted that MAROUBRA finished in 5th placing in the 9-horse field, 6¾ lengths from the winner.

Mr Ford said that he had not breached the Whip Rules previously. He did not dispute Mr Sole’s assessment of the breach.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said that Mr Ford has had 5 drives in the 2024 season and had 5 drives in the 2023 season. He has a clear record.

Mr Sole then referred to the Penalty Guide starting points for low-level and mid-level first breaches – $300 fine or 2-days suspension and $500 fine or 2-days suspension respectively. He submitted that this breach was mid-level.

Mr Ford expressed a preference for a suspension which could commence immediately, he said. He said he will not be driving at the meetings of Ashburton TC on 22 December, Westport TC on 26 and 28 December or Reefton TC on 30 December 2024.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023) provides a starting point for penalty for a mid-level first breach of a 2-days suspension or a $500 fine. A “mid-level breach” is defined as “when the driver inadvertently uses the old whipping style for approximately 50 metres or more before returning to a compliant style”.  The Adjudicative Committee sees this particular breach as being mid-level, within that definition.

Mr Ford 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 mid-level breach of a 2-days suspension.

CONCLUSION:

Open Driver, Clint Ford, is suspended from after the close of racing on 17 December 2024, up to and including 1 January 2025 – 2 days. The two meetings intended to be encompassed by the period of suspension are Banks Peninsula TC on 29 December and Rangiora HRC on 1 January 2025. Mr Ford does not intend to drive at either the meeting of Ashburton TC on 22 December 2024 or at any of the three meetings on the West Coast circuit between Christmas and New Year.