NZ Metro TC 17 December 2024 – R7 – Ricky May

BACKGROUND:

Following the running of Race 7, The Elmwood Trading Co – Voted NZ’s Best Local 2 Years Running Mobile Pace, Open Driver, Ricky May, denied a breach of the Whip Rules in that, as the Driver of IVONA DADIC 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, Maja Szukiel, show a video replay of the final 200-300 metres of the race. She pointed out IVONA DADIC, driven by Mr May, racing in the last three and one off the markers, as the field turned into the home straight.

Mr Sole then pointed out that Mr May commenced using his whip in more than a wrist only flicking motion and engaging the elbow, Mr Sole submitted. He alleged that there were four non-compliant strikes early in the run home and a further one nearer the finish.

Mr May said that he accepted that maybe two strikes were “suspect”, but he didn’t think his whip use was too bad. The horse would not go out of the gate, for which it received a warning he said, and it was “lazy”. Asked by the Adjudicative Committee to point out the strikes that he considered were with a wrist only flicking motion, Mr May was not convincing. They did not look too bad, he submitted. The Adjudicative Committee put it to him that there were four or five strikes that were clearly in more than a wrist only flicking motion, generating force by the use of the elbow or shoulder. Mr May repeated that he did not think those strikes were too bad.

The Adjudicative Committee noted that IVONA DADIC finished in 8th placing in the 10-horse field, 7½ lengths from the winner.

DECISION:

The charge is found proved.

REASONS FOR DECISION:

The Adjudicative Committee was comfortably satisfied that Mr May had used his whip in more than a wrist only flicking motion on 4 or 5 occasions in the final 200 metres and had, therefore, breached the Rule and the Regulations by generating force by the use of the elbow or shoulder. The video evidence was compelling and the Adjudicative Committee found Mr May’s defence of the charge to be untenable.

SUBMISSIONS FOR PENALTY:

Mr Sole said that Mr May has had 531 drives this season. He has a previous breach of the Whip Rules on his record – on 1 November 2024 at Methven, fined $250 for using his whip in more than a wrist only flicking motion.

Mr Sole said that Stewards assessed the breach as low-level. He pointed out that the Penalty Guide starting point for a low-level, second breach is a 3-days suspension. He submitted that was an appropriate penalty in this case.

After a discussion and looking at upcoming meetings, Mr May elected not to seek a deferment of any suspension.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty for a low-level, second breach of a 3-days suspension. A “low-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 low-level, within that definition.

There are no relevant aggravating or mitigating factors to warrant a departure from the Penalty Guide starting point for a low-level, second breach of a 3-days suspension.

CONCLUSION:

Open Driver, Ricky May, is suspended from after the close of racing on 17 December 2024, up to and including 28 December 2024 – 3 days. The three meetings intended to be encompassed by the period of suspension are Ashburton TC on 22 December and Westport TC on 26 and 28 December 2024.