NZ Metro TC 29 February 2024 – R4 – Ian Cameron

BACKGROUND:

Following the running of Race 4, Avon City Ford Trot, Open Driver, Ian Cameron, admitted a breach of the Whip Rules in that, as the Driver of GINA’S MAJESTY in the race, he “used his whip with more than a wrist flicking motion in the run home”.

Rule 869 provides:

(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:

3.1     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.

 3.2     For the purposes of clause 3.1, “wrist only flicking motion” means:

          3.2.1    Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

EVIDENCE:

Stipendiary Steward, Shane Renault, had Stipendiary Steward, Paul Williams, show a video replay of the final 200-300 metres of the race. Mr Williams said that Stewards had concerns over the Respondent’s whip use early in the run home. He pointed out GINA’S MAJESTY, driven by the Respondent, racing 3-wide near the lead as the field turned into the final straight. From that point, Mr Williams said, the Respondent used his whip on four occasions in a manner clearly in breach of the Whip Rules, before reverting to a compliant style.

The Respondent agreed with the alleged number of offending strikes.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent had 36 drives in the 2023 season, and has had 9 drives in the new season to date. He has a breach of the Whip Rules on his record – at Blenheim on 19 January 2024, suspended 2 days for using his whip in more than a wrist flicking motion. That was 6 drives ago, Mr Renault said.

Mr Renault said the breach was low-level. He referred to the Penalty Guide starting point for a low-level, second breach – a 3-days suspension. That was the Stewards’ submission in this case, he said.

The Respondent sought a deferment of any suspension until after the meeting of Reefton TC on 10 March next

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023) provides a starting point for penalty of a 3-days suspension for a low-level, second breach. 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 steps to return to a compliant style”. The Adjudicative Committee accepts that this particular breach is a low-level one within that definition. The number of offending strikes was not high, the strikes were broken up and not delivered with any amount of force.

There are no relevant aggravating or mitigating factors to warrant a departure from the Penalty Guide starting point for a low-level, second breach of a 3-days suspension.

CONCLUSION:

The Respondent’s application for a deferment of suspension is granted.

Open Driver, Ian Cameron, is suspended from after the close of racing on 10 March 2024, up to and including 20 March 2024 – 3 days.