NZ Metro TC 4 December 2024 – R8 – Ross Cameron

BACKGROUND:

Following the running of Race 8, Gold Band Taxis Mobile Pace, Open Driver, Ross Cameron, admitted a breach of the Whip Rules in that, as the Driver of FAST ACE 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, Paul Williams, had Stipendiary Steward, Shane Renault, show a video replay of the final 200-300 metres of the race. Mr Renault pointed out FAST ACE, driven by Mr Cameron, racing beyond mid-field as the field turned into the final straight. After turning for home, Mr Williams showed, Mr Cameron used his whip in more than a wrist only flicking motion on some seven occasions, he alleged. The strikes were “fairly strong”, he said. He added that Mr Cameron did revert to a compliant style over the final 100 metres or so. The Adjudicative Committee noted that FAST ACE finished in 6th placing, 4 1/2 lengths from the winner.

Mr Cameron accepted Mr Williams’ assessment and did not wish to comment.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that Mr Cameron has had 55 drives in the 2024 season, and is not an overly busy Driver. He has a clear record, but received a warning at Kaikoura TC on 3 November 2024 for using his whip in more than a wrist only flicking motion.

Mr Williams then referred to the Penalty Guide starting points for low-level and mid-level first breaches – $300 fine or 2-days suspension and $500 fine or 2-days suspension respectively. He submitted that this breach was in the range of low-to-mid.

Mr Cameron expressed a preference for a suspension which could commence immediately, he said. He said he will not be driving at the meetings of NZ Metropolitan TC on 6 December (drivers notified) or Geraldine TC on 7 December 2024.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023) provides a starting point for penalty of a 2-days suspension or a fine of $300 for a low-level, first breach and, for a mid-level first breach, a 2-days suspension or a $500 fine. A “low-level breach” is defined as when a Driver “inadvertently uses the old whipping style before returning to the compliant style”. A “mid-level breach” is defined as “when the Driver inadvertently uses the old whipping style for approximately 50 metres or more before returning to a compliant style”.  The Adjudicative Committee sees this particular breach as being mid-level, rather than low-level, within those definitions.

Mr Cameron has expressed a preference, in this instance, for a suspension. There are no relevant aggravating or mitigating factors to warrant a departure from the Penalty Guide starting point for a mid-level first breach of a 2-days suspension.

CONCLUSION:

Open Driver, Ross Cameron, is suspended from after the close of racing on 4 December 2024, up to and including 13 December 2024 – 2 days. The two meetings intended to be encompassed by the period of suspension are Oamaru HRC on 11 December and NZ Metropolitan TC on 13 December 2024.