NZ Metro TC 28 July 2022 – R9 – Matthew Williamson

Summary of Facts:

Following the running of Race 9, Respondent Mr Matthew Williamson denied a breach of Whip Rule 869(2).  The particulars of the charge are that M Williamson (BOARDING CALL) used his whip with more than a wrist flicking motion in the home straight.

Mr Williamson confirmed to the Adjudicative Committee he was conversant with the Rule and he understood the charge.

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.

Evidence:

Stipendiary Steward Mr Renault used available video footage to demonstrate the alleged breach. He identified Mr Williamson leading the race entering the home straight. He said Mr Williamson was compliant but for two strikes just past the 100m, one of which he would describe as old style where Mr Williamson engaged his elbow and shoulder.

Mr Williamson stated he thought the first strike wasn’t so bad but conceded the last one was perhaps the issue. He said on viewing the replay it doesn’t seem a bad look and for it to attract a $200 fine is just ridiculous. He said if we were to compare the racing in Australia with this race, his whip action would not raise an eyebrow and we are supposedly racing under the same Rule.

Reasons for Decision:

The Adjudicative Committee after viewing the replays many times and in slow motion, consider the two strikes in question to be clearly outside of the Whip Regulation Guidelines and find the charge proved.

Decision:

The charge is proved.

Submission For Penalty:

Mr Renault produced the Respondent’s Mr Williamson record which indicated a warning under the Rule on 19 June 2022.

Mr Renault said that Stewards assessed the breach to be low-level and submitted that it be dealt with by way of a $200 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.

A low-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and or more than a flicking motion) but promptly takes corrective action to return to a compliant style.

A Low-level Penalty range is $200-$400 (first offence). 

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

Conclusion:

The Respondent is fined $200.