NZ Metro TC 7 May 2025 – R1- Robbie Close

Summary of Facts:

Following the running of Race 1, the Respondent, Open Driver Robbie Close admitted a breach of Whip Rule 869(2).  The particulars of the charge are that when driving SWEET DREAMS 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.

Stipendiary Steward Matt Sole used available video footage to demonstrate the breach. He pointed out Mr Close driving SWEET DREAMS racing mid track and running on strongly after the field turned for home. Mr Sole showed that Mr Close drew his whip and used it on 2 occasions near the 100m with more than a wrist flicking motion, before reverting back to a compliant use of the whip.

Mr Close conceded that his whip action with the two strikes alleged, were in breach of the Rules and Regulations. 

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Sole produced the Respondent’s record, which indicated a clear record, apart from a warning for more than a wrist flicking motion at Reefton on 9 March 2025. He added that Mr Close’s driving statistics were 246 drives to date this season, with 606 drives last season.

He said that Stewards assessed the breach to be low-level, due to the reasons set out in the submissions. Mr Sole stated that the Penalty Guide provided a 2 day suspension or $300 fine for a 1st breach, low level offence under this Rule and submitted that a $300 fine be considered as penalty in this case.

Mr Close stated that he would prefer a fine and this breach was low level and submitted a penalty of $150 be considered.

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 assessed the breach as low-level, due to the fact there were only two strikes with more than a wrist flicking motion.

The Penalty Guide provides a 2-day suspension or $300 starting point for a first breach of this Rule, for a low level offence, with the Adjudicative Committee determining that a fine was an appropriate penalty in this case.

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

Mr Close’s frank admission and good record, considering the number of drives he partakes in,  were considered mitigating factors, which afforded him a combined discount of $50.

Accordingly, Mr Close is fined the sum of $250.

Conclusion:

Mr Close is fined the sum of $250.