NZ Metro TC 4 July 2021 – R3 – Murray Edmonds

ID: RIB3276

Respondent(s):
Murray Edmonds - Driver

Applicant:
Mr P Williams - Stipendiary Steward

Adjudicators:
Mr S Ching

Information Number:
A16102

Decision Type:
Adjudicative Decision

Charge:
Contravention of the Use of Whip Regulations

Rule(s):
869(2)

Plea:
Not Admitted

Code:
Harness

Race Date:
04/07/2021

Race Club:
NZ Metropolitan Trotting Club Inc

Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024

Race Number:
R3

Hearing Date:
04/07/2021

Hearing Location:
Addington

Outcome: Proved

Penalty: Open Driver Murray Edmonds suspended 5 days

Evidence:

Following the running of Race 3, the Mid-Winter at Addington-New Date 6th August Pace, an Information was filed by Stipendiary Steward, Mr P Williams against Licensed Open Driver, Mr Murray Edmonds, alleging a breach of Rule 869(2) in that he used his whip in more than a wrist flicking motion in the home straight.

Rule 869(2) reads as follows:

869 (2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Relevant Part of the Whip & Rein Regulations as follows:

WHIP AND REIN REGULATIONS

PART 3 USE OF THE WHIP-RELEVANT SECTION 3.1 as follows;

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.

Mr Edmonds had endorsed the Information that the breach was not admitted which he confirmed at the hearing. Mr Edmonds also acknowledged that he understood the provisions of the charge and the Rule it was brought under.

Submissions:

Mr Williams gave evidence and showed video replays of the race in the final straight. He pointed out Mr Edmonds, driving WATCHING OUR COIN, in the parked position as the field turned for home. Mr Williams demonstrated on the film that after turning for home, Mr Edmonds used the whip in more than a flicking motion on a number of occasions over the concluding stages.

Mr Edmonds submitted that he was using the whip in a compliant manner in the straight.

Reason for Decision:

The Committee carefully considered all evidence and submissions presented at the hearing. After consideration the Committee was satisfied that Mr Edmonds had used the whip in more than a wrist flicking motion over the final stages and therefore found the charge proved.

Submission for Penalty:

Mr Williams stated that Mr Edmonds’ record showed 2 previous whip breaches being at Banks Peninsula on 24 January 2021, a $200 fine was imposed for a whip breach and 3 June 2021 where he was suspended for 3 days for a breach of using the whip free of the rein.  Mr Williams stated that this breach was mid-level with the Penalty Guide providing a starting point of a 3-to-5-day suspension for a 2nd or subsequent breach of this Rule. Mr Williams submitted that due to the aggravating factor of Mr Edmonds’ record, a 4-to-5-day suspension be considered as penalty in this case.

Mr Edmonds elected to make no submissions on penalty and did not seek any deferment of suspension.

Reason for Penalty:

The Penalty Guide provides a starting point of a 3–5-day suspension for a second or subsequent breach of this Rule. The Committee also assessed this breach as mid-range and accordingly adopted a starting point of 4 days.  

Aggravating Factors:

Aggravating factors are Mr Edmonds’ record showing 2 previous breaches in the prior 6 months, which warrants an uplift. This uplift the Committee sets at 1 day.

Conclusions:

The Committee therefore determined that a 5-day suspension, appropriate in this case.

Accordingly, Mr Edmonds is suspended from the conclusion of racing today 4 July 2021 up to and including 23 July 2021. Relevant meetings encompassed in this suspension are Addington 9 July, Addington 11 July, Addington 15 July, Addington 18 July and Addington 23 July 2021.

Decision Date: 04/07/2021

Publish Date: 06/07/2021