NZ Metro TC 27 November 2022 – R5 – Zachary Butcher

BACKGROUND:

Following the running of Race 5, Harness Grand Prix Hospitality On Sale Mobile Pace, the Respondent Driver, Zachary Butcher, admitted a breach of Whip Rule 869(2) in that, as the Driver of MOVE IT ON OVER in the Race, he used his whip in more than a wrist flicking motion in the run home.

Rule 869 provides that:

(2)  No driver shall during any race use a whip in contravention of the Use of the Whip Regulations made by the Board. 

The Whip and Rein Regulations provide that:

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 pointed out MOVE IT ON OVER, driven by the Respondent, having been in the one-one approaching the home turn, being drawn out by the Respondent to challenge 3-wide as the field straightened for the home run.

From that point, Mr Renault submitted, the Respondent used his whip with more than a wrist flick in a downward motion, before reverting to a wrist flicking motion and compliant style. Later in the straight, he used his whip in more than a wrist only flicking motion for several more strikes, before again reverting to a compliant style. There were probably 5-6 non-compliant strikes in total, Mr Renault submitted.

The Respondent accepted that there were one or two strikes that were “a little bit too much”. He had not had a breach for 2 years and then had one last week, he said.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 432 drives this season and 553 drives in the 2020/2021 season. He has a breach of the Rule on his record – at Auckland on 18 November 2022, fined $200 for using whip in more than a wrist flicking motion, 18 drives ago.

The penalty starting point for a 2nd breach within 6 months is a 3-5 days suspension. The breach is at the lower end of the scale and, therefore, a term of suspension at the lower end of that range would be appropriate, Mr Renault submitted. He advised that the Respondent would be seeking a 7-days deferment until after the meeting on 4 December.

The Respondent said that he was happy with Mr Renault’s submissions.

REASONS FOR PENALTY:

This is a low-level breach within the definition in the Penalty Guide – “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style”.

It is the Respondent’s second offence for which the starting point is a 3-5 days suspension. The Adjudicative Committee notes that the Respondent’s runner finished in 2nd placing, beaten by a very narrow margin. However, the Adjudicative Committee is satisfied that no advantage was gained, the margin between 2nd and 3rd being 2 1/4 lengths.

A term of suspension is required for a second breach. That should be at the lower-end of the 3-5 days range to reflect the low-level nature of this breach.

CONCLUSION:

The Respondent Driver, Zachary Butcher’s application for a deferment is granted and he is suspended for 3 days commencing on 5 December and concluding after 11 December 2022.