NZ Metro TC 28 July 2022 – R3 – Philippa Wakelin

Summary of Facts:

Following the running of Race 3, Respondent Philippa Wakelin admitted a breach of Whip Rule 869(2).  The particulars of the charge are that “P Wakelin (A LATE LATE PRESSY) used her whip continuously and with more than a wrist flicking motion in the home straight.”.

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.

Stipendiary Steward Mr Renault used available video footage to demonstrate the breach. He pointed to Ms Wakelin driving her horse up the home straight and said the Stewards counted 22 strikes of which 4 or 5 were outside of the Regulations. He said there were periods of compliance but the concern was Ms Wakelin has been continuous in her use of the whip.

In response, the Respondent advised the Adjudicative Committee her horse needed to be encouraged but conceded she was in error.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Renault produced the Respondent’s Ms Wakelin’s record which indicated a previous warning under the Rule.

Mr Renault said that Stewards assessed the breach to be low level and submitted that it be dealt with by way of a $300 fine.

The Respondent made no submissions on 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 assessed the breach as low-level which normally attracts a fine of $200. The strikes that were judged to be outside of the Regulations were of minimal force, but the aggravating factor here is Ms Wakelin has been continuous in her use for which an uplift in penalty is required. The Adjudicative Committee sets this uplift at $100.

Having considered all factors, the Adjudicative Committee deemed a fine of $300 to be an appropriate penalty.

Conclusion:

The Respondent is fined $300.