NZ Metro TC 21 April 2022 – R1 – Colleen Negus

BACKGROUND:

Following the running of Race 1, IRT Amateur Drivers Mobile Pace, the Respondent, Colleen Negus, admitted a breach of Whip Rule 869(2). The particulars of the charge are that Mrs Negus, as the Driver of FOUR STARZZZ SHIRAZ in the race used her whip in a continuous manner in the run home.

Rule 869(2) 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.

Clause 3.4 of the Regulations provides:

For the purposes of clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

3.4.2  If the whip is used excessively, continuously, or without allowing the horse time to respond.

EVIDENCE:

Stipendiary Steward, Paul Williams, used available video footage to demonstrate the breach. He pointed out FOUR STARZZZ SHIRAZ, driven by Mrs Negus and alleged that she had used her whip, initially, 16 times in a continuous manner in the home straight, before pausing briefly and using it another 9 times until just short of the finishing line.

Mrs Negus said that her whip action looked worse than it was as she held her whip upright.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that Mrs Negus has a clear record. He said Stewards also regarded Mrs Negus’ whip action as also involving more than a wrist only flicking motion as she had engaged her shoulder. However, she had not been charged for that. He submitted that a fine of not less than $300 would be an appropriate penalty for the breach.

Mrs Negus said that this was her first drive for four months. She has just come off a suspension that ended on 6th April.

REASONS FOR PENALTY:

This breach is, arguably, a medium-level breach which could possibly involve a term of suspension. However, Mr Williams has submitted that a fine is appropriate. Mrs Negus has been charged with continuous use which is normally dealt with by way of a fine for a first offence, as this is. The Adjudicative Committee has to impose penalty for a breach involving continuous use as that is what she has been charged with. The penalty range under the Penalty Guide is a fine between $200-$400. A fine in the middle of that range is appropriate.

PENALTY:

Mrs Negus is fined the sum of $300.