NZ Metro TC 27 November 2022 – R1 – Cheree Wigg

BACKGROUND:

Following the running of Race 1, IRT. Your Horse. Our Passion (Amateur Drivers) Mobile Pace, the Respondent Amateur Driver, Cheree Wigg, admitted a breach of Whip Rule 869(2) in that, as the Driver of PLAY BY EAR in the Race, she used her whip free of the rein on one occasion in the run home.

Rule 869 provides:

(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:

Stipendiary Steward, Shane Renault, showed a video replay of the final 250 metres of the race. He had Stipendiary Steward, Vinnie Munro, point out PLAY BY EAR, driven by the Respondent, making ground wide as the field entered the final straight. Mr Renault then pointed out that shortly thereafter the Respondent reached down with her right hand to activate gear, and struck her horse once with the whip, free of the rein, before immediately taking hold of the rein and reverting to a compliant style.

The Respondent said that it was “frustrating” and “disappointing” because she knew she had done it and, in future, intends to put the cord on her other side.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 25 drives this season and in the extended 2020/2021 season had 32 drives. She has two previous breaches on her record:

• on 28 August 2022 at Rangiora – suspended for 1 month for one strike free of the rein; and
• on 24 June 2022 at Addington – fined $200 for one strike free of the rein and using whip in more than a wrist only flicking motion.

This is therefore the Respondent’s 3rd breach in the last 6 months, Mr Renault said. Stewards see the breach as being low-level, he said. Based on 2 drives per month, the period of suspension should a 3-4 days suspension, he submitted.

The Respondent said that she is to put a plan in place to ensure that she does not repeat the breach. She also pointed out that she does drive in Auckland / Waikato, so she can have 2-4 drives per month.

REASONS FOR PENALTY:

It is of concern that this is the Respondent’s 3rd breach of the Whip Rules in 5 months. However, the breach is low-level, involving only one strike free of the rein. The Adjudicative Committee notes that the two previous breaches were also assessed by the respective Adjudicative Committees as being low-level. The Adjudicative Committee is satisfied that the Respondent is not a big whip user, and notes that she is to implement a plan to avoid further breaches where she uses her whip once, after having activated gear and before putting her whip hand back on the rein. She has acknowledged that she has a problem in this regard.

The Adjudicative Committee acknowledges that the Respondent does drive in most races for Amateur Drivers across the country. The Adjudicative Committee at Rangiora acknowledged this by equating a 4-drives suspension, in the case of this Respondent, to a suspension of 1 month.

This Adjudicative Committee intends to deal with penalty in this case on the same basis and impose a suspension of 1 month. This takes into account the low-level nature of this breach and the low-level nature of the previous two breaches.

Finally, although the Respondent’s horse won the race, the Adjudicative Committee is satisfied that it could not be said that the Respondent gained an advantage by virtue of one strike free of of the rein at the 200 metres.

CONCLUSION:

The Respondent Amateur Driver, Cheree Wigg, is suspended for 1 month from 28 November to 27 December 2022, both dates inclusive.