NZ Metro TC 19 June 2022 – R6 – Lawrence McCormick

Summary of Facts:

Following the running of Race 6, Respondent Mr Lawrence McCormick admitted a breach of Whip Rule 869(2).  The particulars of the charge are that “Driver Lawrence McCormick (MISSMOLLYGOODGOLLY) used his whip with more than a wrist flicking motion in the early and middle stages of the run home”.

Mr McCormick had loaded his horse to be transported home when advised of the charge and because of the severely cold conditions on the day was excused from attending the hearing due to animal welfare concerns for his horse.

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.

Stipendiary Steward Mr Renault used available video footage to demonstrate the breach. It clearly showed Mr McCormick engaging his elbow more than the allowed 45 degrees 4 times early in the run home.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Renault produced the Respondent Mr McCormick’s record, which indicated a clear record.

Mr Renault said that Stewards assessed the breach to be low-level and submitted that it be dealt with by way of a $200 fine.

Reasons For Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee assessed the breach as low-level.

A low-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and or more than a flicking motion) but promptly takes corrective action to return to a compliant style.

A Low-level Penalty range is $200-$400 (first offence).

Having considered all factors, the Adjudicative Committee deemed a fine to be an appropriate penalty.

Conclusion:

The Respondent is fined $200.