NZ Metro TC 22 July 2022 – R4 – Brent Weaver

Summary of Facts:

Following the running of Race 4, the Respondent Mr Brent Weaver admitted a breach of Whip Rule 869(2).  The particulars of the charge are that “B Weaver (ROCKETMAN) used his whip with more than a wrist 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.

Stipendiary Steward Mr Renault used available video footage to demonstrate the breach. He pointed to Mr Weaver finishing up the passing lane and engaging his elbow several times in his whip action.

In response, the Respondent had nothing to add to Mr Renault’s description.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Renault produced the Respondent Mr Weaver’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.

The Respondent made no submissions on 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 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).

There are no mitigating or aggravating factors here.

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

Conclusion:

The Respondent is fined $200.