NZ Metro TC 25 June 2023 – R7 – Sam Thornley

Summary of Facts:

Following the running of Race 7, the Respondent Sam Thornley, admitted a breach of Whip Rule 869(2) and the Whip & Rein Regulations.  Mr Thornley was assisted at the hearing by Open Driver, John Dunn.

The particulars of the charge are that when driving ARIZONAWILDCAT, he used his whip with more than a 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 Shane Renault used available video footage to demonstrate the alleged breach. Mr Renault pointed out Mr Thornley draw his whip and use it with more than a wrist flicking motion on 4 to 5 occasions over the concluding stages of the race.

In response, the Respondent stated he was trying to change his style, but obviously it still needed work.

Decision:

As Mr Thornley has admitted the breach, it is therefore found proved.

Submission For Penalty:

Mr Renault stated that Mr Thornley had a prior breach at Gore on 19 February 2023, and had been spoken to on numerous occasions regarding his whip action. He stated that this breach was low-level and with the Penalty Guide providing a 3-day suspension for a 2nd breach, he submitted that a suspension as per the Penalty Guide be considered as penalty.

Mr Dunn submitted that a 3 day suspension seemed high in the circumstances, as Mr Thornley was a busy Junior Driver just starting to get established, as a Junior Driver. Mr Thornley requested that the suspension begin as soon as possible.

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 a 3-day suspension as a starting point for a second breach of this Rule.

With consideration that this was Mr Thornley’s second offence, it was determined that a 3-day suspension, commensurate with the Penalty Guide, was appropriate in this case.

Conclusion:

The Respondent is suspended from the conclusion of racing today, 25 June 2023, up to and including 7 July 2023. Relevant meetings encompassed in this period of suspension are Addington – 30 June, Addington – 2 July and Addington – 7 July 2023.