NZ Metro TC 23 June 2023 – R1 – Warren Rich

Summary of Facts:

Following the running of Race 1,  the Respondent Warren Rich, Amateur Driver, admitted a breach of Whip Rule 869(2).

The particulars of the charge are that when driving U R THE ONE, he used the 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.

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 Rich draw his whip and use it in more than a wrist flicking motion on 5 occasions in the run home, before taking corrective steps and returning to a compliant style.

The Respondent elected to make no submissions in regard to the breach.

Decision:

As the breach was admitted, it was deemed proved.

Submission For Penalty:

Mr Williams stated that Mr Rich had a clear record in regard to this Rule, apart from 2 warnings on 9 March 2023 for continuous use of the whip, and 18 May 2023 for whip use with more than a wrist flicking motion. 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-mid range, submitted that a fine or suspension be considered as penalty.

The Respondent Mr Rich, submitted that he would prefer a suspension and sought to have any suspension begin after 25 June 2023, as he had drives at the Addington meeting that day.

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 also 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.

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

As this was Mr Rich’s first offence and that the breach was low-level, with no aggravating factors to consider, it was determined that a 2 day suspension was appropriate in this case.

The standard formula for Amateur Drivers in regard to suspensions of their Licence, is one race day every 2 weeks. Using that formula, a 2 day suspension would equate to a 4 week suspension in this case.

Conclusion:

Accordingly, Mr Rich’s Amateur Drivers Licence is suspended from the conclusion of racing on 25 June 2023, up to and including 25 July 2023.