NZ Metro TC 6 September 2024 – R5 (heard 8 September 2024 at Methven) – David McCormick

BACKGROUND:

Following the running of Race 5, The Hickman Family “Ordeal” Trotting Cup (Handicap Trot) (Group 3), Stipendiary Steward, Paul Williams, filed an information alleging that Open Driver, David McCormick, as the Driver of MAUI in the race, “used his whip with more than a wrist flicking motion in the home straight”. The Information was filed on racenight and adjourned.

The Information was heard at the meeting of Methven TC at Mount Harding Racecourse on 8 September 2024. Mr McCormick had signed the Information “I do admit a breach of the Rule”, and he confirmed this at the hearing.

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, showed a video replay of the final 200-300 metres of the race. He pointed out MAUI, driven by Mr McCormick, making ground 4-wide as the field turned into the home straight.

From the home turn, Mr McCormick commenced using his whip and did so, Mr Williams alleged, in more than a wrist only flicking motion. The strikes were by no means “excessively severe”, Mr Williams said, and were broken up. However, there were 10-12 non-compliant strikes during the run home, he said. Stewards assessed the breach as being low-level.

The race was a Group 3 Race and a warning was not appropriate, Mr Williams said.

The Adjudicative Committee noted that MAUI finished in 5th placing in the race.

Mr McCormick said that he was still attempting to adapt to the “new Rules”, but had not made a good job of it on this occasion. He could not argue that he had not used more than a wrist only flicking motion, he said.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that Mr McCormick does not drive frequently. He has had 27 drives this season and 41 last season. He has a clear record.

The Penalty Guide starting point for a first breach, in a Group 3 Race, is a 3-days suspension and Stewards were submitting that was an appropriate penalty for this breach, Mr Williams said.

Mr McCormick requested that any term of suspension commence immediately.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023) provides a starting point for penalty of a 3-days suspension for a first breach in a Group 3 Race. The Adjudicative Committee accepts that this particular breach is a low-level one. The number of offending strikes was mid-range, but the strikes were broken up and not delivered with any amount of force.

There are no relevant aggravating or mitigating factors to warrant a departure from the Penalty Guide starting point of a 3-days suspension.

CONCLUSION:

Open Driver, David McCormick, is suspended from after the close of racing on 8 September 2024, up to and including 20 September 2024 – 3 days.