NZ Metro TC 24 September 2021 – R11 – Gavin Smith

ID: RIB4879

Respondent(s):
Gavin Smith - Driver

Applicant:
Shane Renault, Stipendiary Steward

Adjudicators:
Russell McKenzie

Persons Present:
Gavin Smith and Shane Renault

Information Number:
A16703

Decision Type:
Adjudicative Decision

Charge:
Using Whip in More Than a Wrist Only Flicking Motion

Rule(s):
869 (2) and Whip and Rein Regulations

Plea:
Admitted

Animal Name:
Fly Lika Falcon

Code:
Harness

Race Date:
24/09/2021

Race Club:
NZ Metropolitan Trotting Club Inc

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

Race Number:
R11

Hearing Date:
24/09/2021

Hearing Location:
Addington Raceway, Christchurch

Outcome: Proved

Penalty: Driver Gavin Smith fined $200

SUMMARY OF FACTS:

Mr Smith was charged that, as the Driver of FLY LIKA FALCON in Race 11, First Direct Taxis Mobile Pace, he used his whip in more than a wrist flicking motion in the home straight.

SUBMISSIONS:

Mr Renault showed a video replay of the final 300 metres of the race. He pointed out CLASSIE WASHINGTON, driven by Mr Smith, racing in last place on the markers in the nine-horse field. After turning for home, Mr Smith entered the passing lane and, Mr Renault alleged, he used his whip on four occasions in more than a wrist only flicking motion, before returning to a compliant style.

Mr Smith said that he had not intended to hit the horse as it does not like it. He intended to just run the whip through the horse’s tail and was preparing to do that when it went to duck out, as the gaps opened, and pull up. He used the whip to get it going forward again, he said.

REASON FOR DECISION:

Mr Smith has admitted the charge which is found proved accordingly.

PENALTY SUBMISSIONS:

Mr Renault said that Mr Smith has had 400 drives this season and has a clear record. His last breach resulted in a fine at Nelson in January this year. This breach was certainly low-level, Mr Renault said.

REASON FOR PENALTY:

A low-level breach is defined in the Regulations 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. The Regulation suggests a fine in the range of $200-400 for a low-level breach, which the present breach is.

A penalty by way of a fine at the lower level of that range is appropriate.

CONCLUSIONS:

Driver Gavin Smith is fined the sum of $200.

Decision Date: 24/09/2021

Publish Date: 29/09/2021