NZ Metro TC 30 May 2024 – R3 – Mia Holbrough

BACKGROUND:

Following the running of Race 3, Lamb & Hayward Mobile Pace, Junior Driver, Mia Belle Holbrough, admitted a charge that, as the Driver of DON JUAN in the race, she used her whip in a continuous manner in the run home.

The Respondent, a Junior Driver, was assisted at the hearing by Open Driver and Trainer of DON JUAN, Matt Purvis.

Rule 869 provides as follows:

(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:

3.3     A driver shall not use a whip in an unapproved manner.

 3.2     For the purposes of clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

 3.4.2    If the whip is applied excessively, continuously, or without allowing the horse time to respond.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed a video replay of the final 200-300 metres of the race. He pointed out DON JUAN, driven by the Respondent, racing outside the leader as the field turned into the final straight, and take the lead shortly after. He alleged that, from the home turn, the Respondent used her whip continuously, on 15 occasions, with one slight pause at about the 60 metres, and then four more. The horse finished in 4th placing.

Mr Purvis accepted that the whip use was continuous, with the Respondent trying to get the best placing for the horse, he said. None of the strikes were forceful, but they needed to be broken up, he said. Mr Renault agreed that her style was good.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 42 drives this season and 27 last season. She has a clear record under the Whip Rules.

Mr Renault said the breach was in the low-to-mid level range. The Penalty Guide recommended starting point for penalty is a $300 fine or a 2-days suspension. He stated that the Respondent has indicated that she would prefer a suspension.

The Respondent confirmed that she would prefer a term of suspension over a fine. She wished any term of suspension to commence after racing at Ashburton TC on 2 June.

REASONS FOR PENALTY:

Whether the breach is classed as low-level or medium-level, the RIB Harness Racing Penalty provides a starting point, in the case of a suspension, of 2 days. The breach probably sits somewhere between low-level and medium-level. The whip use was in a compliant style, but the strikes, while not forceful, did extend for almost the entire length of the straight and was, therefore, continuous.

The Respondent prefers a suspension and the breach can appropriately be dealt with way of a suspension of 2 days.

CONCLUSION:

Licensed Junior Driver, Mia Holbrough, is suspended from after the conclusion of racing on 3 June 2024, up to and including 9 June 2024 – 2 days.