NZ Metro TC 7 June 2024 – R1 – Gavin Smith

Summary of Facts:

Following the running of Race 1, the Respondent, Open Driver Gavin Smith admitted a breach of Whip Rule 869(2).  The particulars of the charge are that when driving JOHN SPARTAN, he used his whip with more than a wrist flicking motion in the run home. 

Rule 869 provides that:

(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.

Regulation 3.1 reads 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.

Stipendiary Steward Shane Renault, with the assistance of Stipendiary Steward Paul Williams, used available video footage to demonstrate the breach. He pointed out Mr Smith driving JOHN SPARTAN, racing widest on the track as the field turned for home. Mr Williams showed that Mr Smith drew his whip and used it on 10 occasions with more than a wrist flicking motion over the concluding stages of the race. Mr Renault stated that the breach was high level due the the number of strikes, the distance over which the strikes were inflicted and the force used.

Mr Smith conceded that his whip action was in breach of the Rules and Regulations and was simply not good enough.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Renault produced the Respondent’s record which indicated a clear record. He added that Mr Smith had driven on 105 occasions so far his season.

He said that Stewards assessed the breach to be high-level, due to the reasons set out in the submissions. Mr Renault stated that the Penalty Guide provided a 3 day suspension for a 1st breach, high level offence under this Rule and submitted that a 3 day suspension be considered as penalty.

Mr Smith elected to make no submissions in regard to penalty, apart from making application to defer penalty until after racing at Addington on 16 June 2024.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee also assessed the breach as high-level, due to the continuous nature of the strikes from the home turn, the number of strikes and the force imposed.

The Penalty Guide provides a 3-day suspension starting point for a first breach of this Rule for a high level offence.

It was determined that there were no aggravating factors to consider, therefore no uplift in penalty was warranted.

Taking all factors into account, the Adjudicative Committee determined that a 3 day suspension was an appropriate penalty in this case.

Conclusion:

Mr Smith’s application for a deferment until after racing on 16 June 2024 is granted.

The Respondent is suspended for a period of 3 days, commencing after racing on Sunday 16 June, up to and including 28 June 2024. Relevant race days encompassed in this period of suspension are Addington Meetings on 21 June, 23 June and 28 June 2024.