NZ Metro TC 21 March 2025 – R6 – Luke Whittaker

BACKGROUND:

Following the running of Race 6, Isaac Construction Mobile Trot, Open Driver, Luke Whittaker, admitted a breach of the Whip Rules in that, as the Driver of ZOLTAN BOSCIK in the race, “he used his whip with more than a wrist flicking manner and in a continuous manner 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.

 3.3     A driver shall not use a whip in an unapproved manner.

 3.4     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 applied excessively, continuously, or without allowing the horse time to respond.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed a video replay of the final 200-300 metres of the race. He pointed out ZOLTAN BOSCIK, driven by the Respondent, racing towards the rear of the field and on the markers. Mr Renault then showed Mr Whittaker activate gear, before commencing to use his whip. He alleged that the majority of subsequent strikes involved more than a wrist only flicking motion, some 27 strikes – simply too many, and were continuous, he said.

The Adjudicative Committee noted that ZOLTAN BOSCIK finished in 4th placing.

Mr Whittaker was given the opportunity to comment, but declined to do so.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that Mr Whittaker has had 3 drives this season and had 10 drives in the 2024 season. He has a clear record under the Whip Rules. Mr Renault submitted that the breach was high-level.

Mr Renault then referred to the Penalty Guide starting point for a high-level, first breach – a 3-days suspension. Stewards were submitting that a term of suspension of 3-4 days would be appropriate.

Mr Whittaker indicated that he wished any term of suspension to commence immediately.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty for a first, high-level breach of a 3-days suspension. A “high-level breach” is defined as when a Driver “shows total disregard for the Regulations and does not return to a compliant style”. The Adjudicative Committee sees this particular breach as being, clearly, high-level, within that definition and requiring an uplift from the Penalty Guide starting point.

Mr Whittaker advised that he did not require a deferment of suspension.

CONCLUSION:

Open Driver Luke Whittaker’s Licence is suspended from after the close of racing on 21 March 2025, up to and including 2 April 2025 – 4 days. It is recorded that Mr Whittaker has no notified drives at the meeting of Waimate TC on 23 March, which date is not included in the period of suspension.