NZ Metro TC 20 April 2023 – R7 – Katie Cox

Summary of Facts:

Following the running of Race 7, the Respondent, Driver Katie Cox, admitted a breach of Whip Rule 869(2).

The particulars of the charge are that when driving SPY DA MOMENT, she used her whip with more than a flicking motion in the run home.

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.

Regulation 3.1 reads as follows;

3. USE OF THE WHIP

 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.

Stipendiary Steward Shane Renault used available video footage to demonstrate the alleged breach. MrRenault pointed out Miss Cox draw her whip and use it with more than a wrist flicking motion on seven occasions over the concluding stages of the race.

The Respondent stated that she would work on changing her whip style.

Decision:

As Miss Cox has admitted the breach, it is therefore found proved.

Submission For Penalty:

Mr Renault stated that Miss Cox was warned, regarding use of her whip in more than a wrist flicking motion, at Hororata on 12 February 2023. He stated that this breach was low-level and with the Penalty Guide providing a $300 fine or a 2 day suspension for a first breach, he submitted that a fine of $300 be considered as penalty .

The Respondent stated that she would prefer a fine as penalty.

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 agreed with the Stewards and assessed the breach as low-level.

The Penalty Guide provides a $300 fine or 2-day suspension, mitigation inclusive, as a starting point for a first breach of this Rule.

Taking all factors into account, this Adjudicative Committee determined that a fine was an appropriate penalty in this case, with the level of that fine to be set at $300.

Conclusion:

The Respondent is fined the sum of $300.