NZ Metro TC 22 July 2022 – R4 (Heard at Addington on 31 July 2022) – Ross Cameron

BACKGROUND:

Following the running of Race 4, Trackside Dining at Addington Pace, an Information was filed by Stipendiary Steward, Shane Renault, against Licensed Driver, Ross Cameron, alleging that the Respondent, as the Driver of PRETTYBOYCOBY in the race, used his whip in a continuous manner from the 400 metres.

The Information was filed with the Adjudicative Committee on racenight and adjourned, as the Respondent had left the course. The Information was subsequently served on the Respondent at the meeting of NZ Metropolitan TC at Addington Raceway on 31 July 2022 and was heard at that meeting.

The Respondent had endorsed the Information ”I do admit a breach of the rule” and confirmed at the hearing that he understood the Rule and the nature of the charge.

Rule 869 provides as follows:

(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.

Those Regulations provide:

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

3.4. For the purpose 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:

3.4.3  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 400 metres of the race. He pointed out PRETTYBOYCOBY, driven by the Respondent, racing in the parked position, outside the leader. He then showed that, passing the 400 metres, the Respondent turned his whip, commenced using it and used it continuously for some distance, to the finishing line, not allowing the horse any time to respond, Mr Renault said. In response to a question from the Adjudicative Committee, Mr Renault said that it was not being alleged that the Respondent had, at any stage, used his whip in more than a wrist only flicking motion.

Mr Cameron did not wish to comment.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 46 drives this season and in the extended 2020/2021 season he had 61 drives. He has a clear record under the Whip Rules in the last 6 months. The starting point for a breach involving continuous use under the HRNZ Whip Penalty Guide is a fine in the range of $200-400. He said that recent fines for continuous use of the whip have been $300 and that should be the penalty in this case.

The Respondent had no submission to make in relation to penalty.

REASONS FOR PENALTY:

Mr Cameron’s use of the whip on this occasion was not forceful, but it was continuous over a distance of some 300-400 metres – a clear breach of the Whip Rules. The Penalty Guide sets a penalty in the range of a fine between $200 and $400 for a first offence, low-level breach. The lower range is for the lowest level breach, whereas the present breach is at least medium-level in the view of the Adjudicative Committee. The Adjudicative Committee noted that there have been five breaches for continuous whip use since March of this year, in which a fine of $300 has been imposed. A fine of $300, as submitted by Mr Renault, is an appropriate penalty to redress this breach and is consistent with the penalties in those other cases.

CONCLUSION:

The Respondent Driver, Ross Cameron, is fined $300.