NZ Metro TC 21 March 2025 – R11 – Murray Howard

BACKGROUND:

Following the running of Race 11, Fahey Skips Mobile Pace, Open Driver, Murray Howard, admitted a breach of the Whip Rules in that, as the Driver of JAY R TOLKIEN in the race, he “used his whip with more than a wrist flicking motion and free of the rein 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, Shane Renault, showed a video replay of the final 200-300 metres of the race. He pointed out JAY R TOLKIEN, driven by Mr Howard, racing in the one-one position as the field turned into the final straight. He then pointed out Mr Howard use his whip three times with more than a wrist only flicking motion, before crossing his reins to activate gear and use his whip, free of the rein, on two occasions. From that point, Mr Howard used his whip in more than a wrist only flicking motion three further times, Mr Renault said, before reverting to a compliant style for the final 100 metres or so. The breach was low-level, he added.

Mr Howard did not wish to comment.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that Mr Howard has had 2 drives this season, and had 11 drives last season.  His record under the Whip Rules is clear.

Mr Renault then referred to the Penalty Guide starting point for a mid-level, first breach – a $500 fine or a 2-days suspension. Stewards were submitting that a 2-days suspension was an appropriate penalty in this case, he said.

Mr Howard confirmed that he wished the Adjudicative Committee to consider a term of suspension, rather than a fine.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty for a first, mid-level breach of a $500 fine or a 2-days suspension. A “mid-level breach” is defined as when a 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 medium-level, within that definition.

Mr Howard has asked for a suspension. There are no relevant aggravating or mitigating factors to be considered. A 2-days suspension is an appropriate penalty.

CONCLUSION:

Open Driver Murray Howard’s Licence is suspended from after the close of racing on 21 March 2025, up to and including 30 March 2025 – 2 days.

It is recorded that the meetings of Waimate TC on 23 March and Ashburton TC on 26 March, have not been included in the period of suspension.