NZ Metro TC 22 March 2023 – Non Tote – Alan Clark

Summary of Facts:

Following the running of the Non Tote Race, the Respondent Alan Clark denied a breach of Whip Rule 869(2).

The particulars of the charge are that when driving IMPERIAL COMMAND, he used the whip free of the rein on 4 occasions 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.

Regulation 3.1 reads as follows;

3. USE OF THE WHIP

 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.

Stipendiary Steward Paul Williams used available video footage to demonstrate the alleged breach. Mr Williams pointed out Mr Clark, who drew his whip and used it free of the rein on 3 occasions in rapid succession on the sulky shaft, and on a further occasion free of the rein, striking the horse near the 100m.

In response, the Respondent stated that the horse was having its first start and was racing greenly. He stated that he used the whip on the dust sheet to straighten the horse up as it was tending to shift up the track towards MODE driven by Matthew Williamson. He added that he admitted that he used the whip free of the rein but it was only to assist in controlling the horse.

Decision:

The Adjudicative Committee was satisfied that in the final stages of the race, Mr Clark used his whip free of the rein on 3 occasions on the shaft and dust sheet, and a further strike free of the rein on the horse near the 100m. The video replays were conclusive that Mr Clark was in breach of the Rule.

Accordingly, the charge is found proved.

Submission For Penalty:

Mr Williams stated that Mr Clark had a clear record in regard to this Rule. He stated that this breach was low level and with the Penalty Guide providing a $300 fine or a 2 day suspension as penalty for a first breach. He submitted that a $300 fine be considered as penalty.

The Respondent submitted that as this was his first breach of the Rule, a warning be given instead of any monetary fine.

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 agreed with the Stewards and assessed the breach as low level.

The Penalty Guide provides for a 1st offence, low-level breach of this Rule, a $300 fine or 2 day suspension, mitigation inclusive.

Having considered all factors, the Adjudicative Committee deemed a fine was an appropriate penalty in this case.

With consideration that this was Mr Clark’s first offence and that the breach was low level with no aggravating factors to consider, it was determined that a $300 fine, mitigation inclusive, was appropriate in this case.

Conclusion:

The Respondent is fined $300.