NZ Metro TC 30 June 2024 – R8 – Mia Holbrough

BACKGROUND:

Following the running of Race 8, Cheers To All The Great Helpers Mobile Pace, Junior Driver, Mia Holbrough, denied a breach of the Whip Rules in that, as the Driver of DON JUAN in the race, she “used her whip with more than a wrist flicking motion in the run home”.

She was assisted at the hearing of the charge by Open Driver / Public Trainer, Matt Purvis.

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:

Mr Renault showed video replays of the final 200-300 metres of the race. He pointed out DON JUAN, driven by the Respondent, racing 3-places back on the markers as the field approached the home turn. He showed that, just prior to the turn, the Respondent activated gear and, from that point, used her whip on six occasions with more than a wrist flicking motion, and more of a striking action engaging the elbow and generating too much force, in breach of the Rule, he submitted. From the 100 metres, Mr Renault said, the Respondent did put her whip away.

The Respondent said that she accepted that one strike was bad but, in respect of the other five alleged non-complaint strikes, her elbow was “tucked in” and her arm was straight. Mr Purvis agreed. He said that the Respondent has just returned from a suspension and been told to change her action. He submitted that there was very minimal elbow and shoulder action. Her arms were straight out in front of her, he submitted.

DECISION:

The charge is found proved.

REASONS FOR DECISION:

The Adjudicative Committee was satisfied that this was a clear case of using the whip in more than a wrist only flicking motion. The video replays clearly show that the Respondent has used her elbow and shoulder. She been able to generate force by using her elbow and shoulder when applying the whip, which is not permitted in terms of clause 3.2.1 of the Regulations (see above).

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 45 drives this season. She has two breaches of the Whip Rules on her record:

• on 30.5.2024 at Addington, suspended 2 days for using whip in a continuous manner; and
• on 2.6.2024 at Ashburton, suspended 3 days for using whip in more than a wrist only flicking motion.

Mr Renault added that the present breach is the Respondent’s third in her last five drives.

Mr Renault said the breach was mid-level. He referred to the Penalty Guide starting point for a mid-level, second breach – a 4-days suspension. That was the Stewards’ submission in this case, he said.

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 (six) was not high, the strikes were broken up and not delivered with any particular amount of force.

This being a third breach, Mr Renault has, quite reasonably, sought a suspension of 4 days. The Adjudicative Committee accepts that such a penalty would not be unreasonable. However, the Respondent is a relative newcomer to the driving ranks, and it is apparent that she is struggling with her whip technique. She needs to be encouraged to change, and that will not necessarily be achieved by piling one suspension on top of another. It is better for her to be out on the track driving, rather than looking on.

For those reasons, the Adjudicative Committee has determined that a 3-days suspension will be imposed. However, the Respondent is put on notice that she may not be dealt with so leniently in the future, should she continue to breach the Whip Rules.

CONCLUSION:

Junior Driver, Mia Holbrough, is suspended from after the close of racing on 30 June 2024, up to and including 12 July 2024 – 3 days.