NZ Metro TC 25 June 2023 – R1 – Cheree Wigg

Summary of Facts:

Following the running of Race 1, the Respondent, Amateur Driver Cheree Wigg, admitted a breach of Rule 869(2) and the Whip & Rein Regulations, in that she used her whip with more than a wrist flicking motion when driving SHARDS FURY in the run home.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed she understood the Rule and the nature of the charge.

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.

3. Use of Whip Regulation provides.

 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 Mr Renault used available video footage to demonstrate the alleged breach. He showed, using available video replays, Ms Wigg use her whip in more than a flicking motion on 8-9 occasions over the final stages.

Ms Wigg stated that she was told to drive the horse hard as it was a “bludger”, which she conceded was not an excuse for breaching the Rules.

Decision:

As Ms Wigg admitted the breach, the charge is found proved.

Submission For Penalty:

Mr Renault produced the Respondent’s record which indicated a breach on 23 June 2023, 2 days prior at Addington, where Ms Wigg received a $400 fine for using the whip with more than a wrist flicking motion. Mr Renault stated that this was a mid range breach, with the Penalty Guide providing a 4 day suspension for a 2nd offence mid range.

Mr Renault stated that the normal calculation for an Amateur Driver suspension is 1 drive per 2 weeks. He added that Ms Wigg drives in the North Island as well as the South Island Amateur Races, and submitted that a formula of 1-2 drives per week with Ms Wigg, be considered when assessing the period of suspension.

Ms Wigg elected to make no submissions on penalty apart from requesting any suspension begin as soon as possible.

Reasons For Penalty:

The Penalty Guide provides a 4 day starting point for a mid range second offence under this Rule.

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 mid level.

Having considered all factors, the Adjudicative Committee determined that a 4-day suspension was an appropriate penalty.

As Ms Wigg drives in Amateur Races in both the North and South Island, as submitted by Mr Renault, and using a formula of 1-2 drives per week, a six week suspension is deemed to be an appropriate penalty in this case.

Conclusion:

Ms Wigg is suspended for 6 weeks, from the conclusion of racing today, 25 June 2023, up to and including 5 August 2023.