NZ Metro TC 22 July 2022 – R7 – Gavin Smith

ID: RIB10079

Gavin Smith - Driver

Mr S Renault - Stipendiary Steward

Dave Anderson

Persons Present:
Mr S Renault - Stipendiary Steward and Mr Smith

Information Number:

Decision Type:
Race Related Charge

Using whip with more than a wrist flicking motion

869(2) - Contravention whip rule - Whip Regulations


Animal Name:


Race Date:

Race Club:
NZ Metropolitan Trotting Club Inc

Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024

Race Number:

Hearing Date:

Hearing Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024

Outcome: Proved

Penalty: Driver Gavin Smith is fined $200

Summary of Facts:

Following the running of Race 7, Respondent Mr Gavin Smith admitted a breach of Whip Rule 869(2).  The particulars of the charge are that Driver G Smith (JAMES CAGNEY) used his whip during the running with more than a wrist flicking motion.

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 identified Mr Smith, with a lap to run, driving his horse forward in search of the lead, and pointed to Mr Smith striking his horse 4 or 5 times with more than a wrist flicking motion.  

In response, the Respondent advised the Adjudicative Committee he was slapping his horse with both hands and because of this, the incident looked worse than it actually was.


The charge is admitted and therefore proved.

Submission For Penalty:

Mr Renault produced the Respondent Mr Smith’s record which indicated a clear record under the Rule.

Mr Renault said that Stewards assessed the breach to be just above low-level and submitted that it be dealt with by way of a $250 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.


The Respondent is fined $200.

Decision Date: 22/07/2022

Publish Date: 25/07/2022