NZ Metro TC 5 May 2023 – R8 – Gavin Smith
ID: RIB20838
Animal Name:
Hesashorething
Code:
Harness
Race Date:
05/05/2023
Race Club:
NZ Metropolitan Trotting Club Inc
Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024
Race Number:
R8
Hearing Date:
05/05/2023
Hearing Location:
Addington Raceway, Christchurch
Outcome: Proved
Penalty: Driver, Gavin Smith, suspended 3 days
BACKGROUND:
Following the running of Race 8, Betavet – Uncut Gems Geldings and Entires Classic Mobile Pace (Listed Race), the Respondent Driver, Gavin Smith, as the Driver of HESASHORETHING in the race, admitted a charge of using his whip in 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.
3.2.2. The forearm is not raised beyond forty-five degrees relative to the racing surface.
3.3.3 Not applying the whip with overt force.
The Respondent asked to be excused from attending the hearing, as he had horses to attend to. The Adjudicative Committee saw this as an animal welfare matter. He had seen the video replay and indicated to the Adjudicative Committee, before leaving, that he was aware of the likely penalty and had no submissions to make, other than to request a deferment until after 12 May next.
EVIDENCE:
Stipendiary Steward, Shane Renault, showed video replays of the final 200-300 metres of the race. He pointed out HESASHORETHING, driven by the Respondent, racing in the trail behind the leader, ANYTHING GOES, as the field rounded the home turn. Mr Renault alleged that the Respondent, from that point, used his whip, early in the run home, on a total of six occasions in more than a wrist only flicking motion. The Respondent did revert to a compliant style over the concluding stages, HESASHORETHING finishing in 3rd placing.
DECISION:
The charge is admitted and is therefore deemed proved.
SUBMISSIONS FOR PENALTY:
Mr Renault said that the Respondent has had 136 drives in the current season and, in the 2022 season, had a total of 272 drives. His last breach was in July 2022, which was 250 drives ago.
Mr Renault referred to the Penalty Guide, which suggested a “Starting Point – 1st breach” in a Listed Race of a 3-days suspension. Mr Renault said that Stewards were seeking a 3-days suspension accordingly.
REASONS FOR PENALTY:
The RIB Harness Racing Penalty Guide (February 2023) starting point for a first breach in a Listed Race is a 3-days suspension. There are no relevant aggravating or mitigating factors to consider.
CONCLUSION:
The Respondent, Driver Gavin Smith’s application for a deferment is granted. He is suspended from after racing on 12 May 2023 up to and including 21 May 2023 – 3 days.
Decision Date: 05/05/2023
Publish Date: 08/05/2023