NZ Metro TC 27 November 2022 – R1 – Jo-ann Buckland-Stevens

BACKGROUND:

Following the running of Race 1, IRT. Your Horse. Our Passion (Amateur Drivers) Mobile Pace, the Respondent Amateur Driver, Jo-ann Buckland-Stevens, admitted a breach of Whip Rule 869(2) in that, as the Driver of TANE J J in the Race, she used her whip in a continuous manner throughout 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.

The Whip and Rein Regulations provide:

3.3 A driver shall not use a whip in an unapproved manner.

3.4  For the purposes of clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

3.4.2.  If the whip is applied excessively, continuously, or without allowing the horse time to respond.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed a video replay of the final 250 metres of the race. He pointed out TANE J J, driven by the Respondent, racing in the trail behind the leader as the field turned into the final straight. The Respondent then commenced using her whip in a continuous manner, Mr Renault submitted, and without any breaks. However, she had not used more than a wrist only flicking motion, he said, other than for the first few strikes.

The Respondent said that she was trying to “get the horse to go”. She thought she had paused, she said, but accepted that it was clear from the video replay that she had not.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Shane Renault, said that the Respondent had received a previous warning on 4 November last at Rangiora – 1 drive ago. She has had 23 drives this season and in the extended 2020/2021 season had 26 drives. Her record is clear, he said.

A first offence would normally be dealt with by way of a fine of $300, but the Respondent would prefer a suspension, Mr Renault said. He submitted that a period of suspension was appropriate.

The Respondent offered no excuse for her actions and said that she should have known better.

REASONS FOR PENALTY:

The starting point for penalty for continuous use of the whip is accepted as being a fine of $300. The Respondent is an Amateur Driver and has asked for a suspension rather than a fine. The Adjudicative Committee agrees that a suspension is called for in this instance, given the level of the breach. A 2-days suspension is the appropriate penalty, in the Adjudicative Committee’s view, and applying the usual formula for calculating a suspension for an Amateur driver of two drives per month, the period of suspension of suspension shall be 1 month.

CONCLUSION:

The Respondent Amateur Driver, Jo-ann Buckland-Stevens, is suspended for 1 month from 28 November to 27 December 2022, both dates inclusive.