NZ Metro TC 27 September 2024 – R10 – Kirstin Green
ID: RIB46704
Animal Name:
FERNLEIGH BLACKBIRD
Code:
Harness
Race Date:
27/09/2024
Race Club:
NZ Metropolitan Trotting Club Inc
Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024
Race Number:
R10
Hearing Date:
27/09/2024
Hearing Location:
Addington
Outcome: Proved
Penalty: Driver Kirstin Green is fined $400
Summary of Facts:
Following the running of Race 10, the Respondent Open Driver Kirstin Green admitted a breach of Whip Rule 869(2). The particulars of the charge are that “when driving FERNLEIGH BLACKBIRD she used his whip with 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 a manner in contravention of the Use of the Whip Regulations made by the Board.
Chief Stipendiary Steward Nigel McIntyre used available video footage to demonstrate the breach. He pointed out Ms Green driving FERNLEIGH BLACKBIRD, racing in contention and mid track. Mr McIntyre showed that Ms Green drew her whip and used it on 6-7 occasions with more than a wrist flicking motion, over the concluding 200m of the race.
Ms Green stated that she was struggling with her whip action and was working on improvement.
Decision:
The charge is admitted and therefore proved.
Submissions for Penalty:
Mr McIntyre produced the Respondent’s record, which indicated a clear record.
He said that Stewards assessed the breach to be low to mid-level, with the Penalty Guide providing a $300 fine for low or a 2 day suspension, with mid range being a $500 fine or 2 day suspension for a 1st breach. He submitted that a $400 fine be considered as penalty.
Ms Green submitted that a fine was preferred as penalty.
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 also assessed the breach as low to mid level.
The Penalty Guide provides a $300 fine for low level and $500 fine for a mid range breach.
A starting point of $400 was accordingly adopted.
It was determined that there were no aggravating factors to consider, therefore no uplift in penalty was warranted.
Taking all factors into account, the Adjudicative Committee determined that a $400 fine, commensurate with the Penalty Guide, was an appropriate penalty in this case.
Conclusion:
Ms Green is fined the sum of $400.
Decision Date: 27/09/2024
Publish Date: 30/09/2024