NZ Metro TC 24 June 2022 – R6 – Cheree Wigg

BACKGROUND:

Following the running of Race 6, NZ Amateur Drivers Championship (Heat 2) Mobile Pace, the Respondent, Cheree Wigg, admitted a breach of Whip Rule 869(2). The particulars of the charge are that the Respondent, as the Driver of SONGBIRD in the race, used her whip free of the rein early in the run home and with more than a wrist only 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.

The Whip and Rein Regulations provide:

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.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, showed a video replay of the final 200 metres of the race. He pointed out SONGBIRD, driven by the Respondent, racing 3-wide near the lead as the field turned into the home straight.

He pointed out the Respondent take her hand off the rein to activate gear and then, he alleged, she simply forgot to go back to the rein and struck her horse once with the whip free of the rein. After regathering the rein, the Respondent then used her whip on a couple of occasions in more than a wrist only flicking motion, Mr McIntyre said.

The Respondent said that she did not think her whip use was “overly bad”. She was using the reins, and the motion of her body made it look worse, she said.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that, so far this season, the Respondent has had 12 drives and in the extended 2020/2021 season she had 32 drives. Stewards believed that this charge could be dealt with by way of a fine of $200. There was one strike free of the rein, and then a couple with more than a wrist only flicking motion. The breach could be regarded as low-level, he submitted.

The Respondent said that she would struggle to pay a fine.

REASONS FOR PENALTY:

The Adjudicative Committee agrees that the breach is in the low-level category. A low-level breach is defined in the HRNZ Guidelines as  “when a driver inadvertently reverts to the old style (freehand, loose-reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style”. The Guidelines suggest a starting point for penalty for a first offence of a $200-400 fine.

Ms Wigg has a clear record and has admitted the breach. There are no aggravating factors. A fine at the lower level of the Penalty Guide range is appropriate for this breach.

CONCLUSION:

Advanced Amateur Driver, Cheree Wigg, is fined $200.